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Amendment CaShTmL-741238.HTM
    Florida Senate - 2005            PROPOSED COMMITTEE SUBSTITUTE
    Bill No. SB 2546
                        Barcode 741238
    585-2246A-05
    Proposed Committee Substitute by the Committee on Governmental
    Oversight and Productivity
 1                      A bill to be entitled
 2         An act relating to obsolete or outdated agency
 3         plans, reports, and programs; repealing s.
 4         14.25, F.S., relating to the Florida State
 5         Commission on Hispanic Affairs; amending s.
 6         14.26, F.S.; revising reporting requirements of
 7         the Citizen's Assistance Office; repealing s.
 8         14.27, F.S., relating to the Florida Commission
 9         of African-American Affairs; repealing s.
10         16.58, F.S., relating to the Florida Legal
11         Resource Center; amending s. 17.32, F.S.;
12         revising the recipients of the annual report of
13         trust funds by the Chief Financial Officer;
14         amending s. 17.325, F.S.; deleting a reporting
15         requirement relating to the governmental
16         efficiency hotline; amending s. 20.057, F.S.;
17         deleting a reporting requirement of the
18         Governor relating to interagency agreements to
19         delete duplication of inspections; amending s.
20         20.19, F.S.; deleting provisions relating to
21         planning by the Department of Children and
22         Family Services; deleting provisions relating
23         to planning in service districts of the
24         department; repealing s. 20.316(4)(e), (f), and
25         (g), F.S.; deleting provisions relating to
26         information systems of the Department of
27         Juvenile Justice; amending s. 20.43, F.S.;
28         revising provisions relating to planning by the
29         Department of Health; amending s. 39.001, F.S.;
30         revising provisions relating to planning by the
31         Department of Children and Family Services;
                                  1
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Florida Senate - 2005 PROPOSED COMMITTEE SUBSTITUTE Bill No. SB 2546 Barcode 741238 585-2246A-05 1 amending s. 39.4086, F.S.; deleting provisions 2 relating to a report by the State Courts 3 Administrator on a guardian ad litem program 4 for dependent children; amending s. 98.255, 5 F.S.; deleting provisions relating to a report 6 on the effectiveness of voter education 7 programs; repealing s. 106.22(10), F.S.; 8 deleting a provision relating to a report by 9 the Division of Elections; amending s. 10 110.1227, F.S.; revising provisions relating to 11 a report by the board of directors of the 12 Florida Long-Term Care Plan; amending s. 13 120.60, F.S.; deleting a provision relating to 14 filing of notice and certification of an 15 agency's intent to grant or deny a license; 16 amending s. 120.695, F.S.; deleting obsolete 17 provisions relating to agency review of rules; 18 amending s. 120.74, F.S.; deleting provisions 19 relating to an agency report of review and 20 revision of rules; amending s. 121.45, F.S.; 21 deleting provisions relating to reports on 22 interstate compacts relating to pension 23 portability; repealing s. 153.952, F.S., 24 relating to legislative findings and intent on 25 privately owned wastewater systems and 26 facilities; amending s. 161.053, F.S.; deleting 27 a provision relating to a report on the coastal 28 construction control line; amending s. 161.161, 29 F.S.; deleting a provision requiring a report 30 on funding for beach erosion control; repealing 31 s. 163.2526, F.S., relating to a review and 2 4:34 PM 04/22/05 s2546p-go00-pg2
Florida Senate - 2005 PROPOSED COMMITTEE SUBSTITUTE Bill No. SB 2546 Barcode 741238 585-2246A-05 1 evaluation of urban infill; amending s. 2 163.3167, F.S.; deleting provisions relating to 3 local government comprehensive plans; amending 4 s. 163.3177, F.S.; revising requirements for 5 comprehensive plans; amending s. 163.3178, 6 F.S.; deleting a duty of the Coastal Resources 7 Interagency Management Committee to submit 8 certain recommendations; repealing s. 9 163.519(12), F.S.; deleting a requirement of a 10 report on neighborhood improvement districts by 11 the Department of Legal Affairs; repealing s. 12 186.007(9), F.S.; deleting provisions relating 13 to a committee to recommend to the Governor 14 changes in the state comprehensive plan; 15 amending s. 186.022, F.S.; deleting a reference 16 to the Criminal and Juvenile Justice 17 Information Systems Council; amending ss. 18 189.4035, 189.412, F.S.; revising requirements 19 relating to dissemination of the official list 20 of special districts; amending s. 206.606, 21 F.S.; revising provisions relating to a report 22 on the Florida Boating Improvement Program; 23 amending s. 212.054, F.S.; deleting the 24 requirement of a report on costs of 25 administering the discretionary sales surtax; 26 amending s. 212.08, F.S.; deleting a 27 requirement for a report on the sales tax 28 exemption for machinery and equipment used in 29 semiconductor, defense, or space technology 30 production and research and development; 31 repealing s. 213.0452, F.S., relating to a 3 4:34 PM 04/22/05 s2546p-go00-pg2
Florida Senate - 2005 PROPOSED COMMITTEE SUBSTITUTE Bill No. SB 2546 Barcode 741238 585-2246A-05 1 report on the structure of the Department of 2 Revenue; repealing s. 213.054, F.S., relating 3 to monitoring and reporting on persons claiming 4 tax exemptions; amending s. 216.011, F.S.; 5 redefining the term "long-range program plan"; 6 amending s. 216.013, F.S.; revising 7 requirements with respect to long-range program 8 plans; repealing s. 216.1825, F.S., relating to 9 zero-based budgeting; amending s. 252.55, F.S.; 10 revising certain reporting requirements 11 relating to the Civil Air Patrol; amending s. 12 253.7825, F.S.; deleting provisions relating to 13 the plan for the Cross Florida Greenways State 14 Recreation and Conservation Area; repealing s. 15 253.7826, F.S., relating to Cross Florida Barge 16 Canal structures; amending s. 259.037, F.S.; 17 revising provisions relating to a report of the 18 Land Management Uniform Accounting Council; 19 repealing s. 265.56, F.S., relating to an 20 annual report by the Department of State; 21 repealing s. 267.074(4), F.S.; deleting 22 provisions relating to a plan for the State 23 Historical Marker Program; repealing s. 24 282.102(28), F.S.; deleting a requirement for a 25 report by the State Technology Office; 26 repealing s. 284.50(3), F.S.; deleting a 27 requirement for a report by the Interagency 28 Advisory Council on Loss Prevention and 29 department heads; amending s. 287.059, F.S.; 30 deleting a requirement for reporting proposed 31 fee schedules for private attorney services for 4 4:34 PM 04/22/05 s2546p-go00-pg2
Florida Senate - 2005 PROPOSED COMMITTEE SUBSTITUTE Bill No. SB 2546 Barcode 741238 585-2246A-05 1 the Attorney General's office; repealing s. 2 288.108(7), F.S.; deleting a requirement for a 3 report by the Office of Tourism, Trade, and 4 Economic Development on high-impact businesses; 5 repealing s. 288.1185, F.S., relating to the 6 Recycling Markets Advisory Committee; amending 7 s. 288.1229, F.S.; revising duties of the 8 direct-support organization to support 9 sports-related industries and amateur 10 athletics; repealing s. 288.7015(4), F.S.; 11 deleting a requirement for a report by the 12 rules ombudsman in the Executive Office of the 13 Governor; amending s. 288.7771, F.S.; revising 14 a reporting requirement of the Florida Export 15 Finance Corporation; repealing s. 288.8175(8), 16 (10), and (11), F.S.; deleting certain 17 responsibilities of the Department of Education 18 with respect to linkage institutes between 19 postsecondary institutions in this state and 20 foreign countries; repealing s. 288.853(5), 21 F.S.; deleting the requirement of a report on 22 assistance to and commerce with Cuba; amending 23 s. 288.95155, F.S.; revising requirements for a 24 report by Enterprise Florida, Inc., on the 25 Florida Small Business Technology Growth 26 Program; amending s. 288.9604, F.S.; deleting a 27 requirement of a report by the Florida 28 Development Finance Corporation; amending s. 29 288.9610, F.S.; revising provisions relating to 30 annual reporting by the corporation; amending 31 s. 292.04, F.S.; deleting provisions relating 5 4:34 PM 04/22/05 s2546p-go00-pg2
Florida Senate - 2005 PROPOSED COMMITTEE SUBSTITUTE Bill No. SB 2546 Barcode 741238 585-2246A-05 1 to a survey by the Florida Commission on 2 Veterans' Affairs; amending s. 292.05, F.S.; 3 revising requirements relating to a report by 4 the Department of Veterans' Affairs; repealing 5 ss. 296.16, 296.29, F.S., relating to reports 6 by the executive director of the Department of 7 Veterans' Affairs; repealing s. 315.03(12)(c), 8 F.S.; deleting provisions relating to 9 legislative review of a loan program of the 10 Florida Seaport Transportation and Economic 11 Development Council; amending s. 319.324, F.S.; 12 deleting provisions relating to funding a 13 report on odometer fraud prevention and 14 detection; amending s. 322.181, F.S.; revising 15 provisions relating to a study by the 16 Department of Highway Safety and Motor Vehicles 17 on driving by the elderly; repealing s. 18 322.251(7)(c), F.S.; deleting provisions 19 relating to a plan to indemnify persons wanted 20 for passing worthless bank checks; repealing s. 21 365.172(6)(d), F.S.; deleting provisions 22 relating to a study by the board of directors 23 of the Wireless 911 Board; repealing s. 24 366.82(4), F.S.; deleting a provision relating 25 to reports by utilities to the Public Service 26 Commission; repealing s. 370.26(8), F.S.; 27 deleting a duty of the Fish and Wildlife 28 Conservation Commission relating to an 29 aquaculture plan; amending s. 372.5712, F.S.; 30 revising provisions relating to a report by the 31 commission on waterfowl permit revenues; 6 4:34 PM 04/22/05 s2546p-go00-pg2
Florida Senate - 2005 PROPOSED COMMITTEE SUBSTITUTE Bill No. SB 2546 Barcode 741238 585-2246A-05 1 amending s. 372.5715, F.S.; revising provisions 2 relating to a report by the commission on wild 3 turkey permit revenues; repealing s. 372.673, 4 F.S., relating to the Florida Panther Technical 5 Advisory Council; repealing s. 372.674, F.S., 6 relating to environmental education; amending 7 s. 373.0391, F.S.; deleting provisions relating 8 to provision of certain information by water 9 management districts; amending s. 373.046, 10 F.S.; deleting an obsolete provision requiring 11 a report by the secretary of the Department of 12 Environmental Protection; amending s. 373.1963, 13 F.S.; deleting an obsolete provision relating 14 to an agreement between the West Coast Regional 15 Water Supply Authority and the Southwest 16 Florida Water Management District; repealing s. 17 376.121(14), F.S.; deleting a provision 18 relating to a report by the Department of 19 Environmental Protection on damage to natural 20 resources; repealing s. 376.17, F.S., relating 21 to reports of the department to the 22 Legislature; repealing s. 376.30713(5), F.S.; 23 deleting provisions relating to a report on 24 preapproved advanced cleanup; amending s. 25 377.703, F.S.; deleting a requirement for a 26 report from the Public Service Commission on 27 electricity, natural gas, and energy 28 conservation; amending s. 380.06, F.S.; 29 deleting provisions on transmission of 30 revisions relating to statewide guidelines and 31 standards for developments of regional impact; 7 4:34 PM 04/22/05 s2546p-go00-pg2
Florida Senate - 2005 PROPOSED COMMITTEE SUBSTITUTE Bill No. SB 2546 Barcode 741238 585-2246A-05 1 repealing s. 381.0011(3), F.S.; deleting 2 provisions relating to an inclusion in the 3 Department of Health's strategic plan; 4 repealing s. 381.0066, F.S., relating to 5 planning for implementation of educational 6 requirements concerning HIV and AIDS; repealing 7 s. 381.731, F.S., relating to strategic 8 planning of the Department of Health; amending 9 s. 381.795, F.S.; deleting provisions relating 10 to studies by the Department of Health on 11 long-term, community-based supports; repealing 12 s. 381.90(7)(a), F.S.; deleting provisions 13 relating to the Health Information Systems 14 Council's duty to develop a strategic plan; 15 repealing s. 394.4573(4), F.S.; deleting the 16 requirement for a report by the Department of 17 Children and Family Services on state mental 18 health facility staffing; amending s. 394.4985, 19 F.S.; deleting provisions relating to plans by 20 department districts; amending s. 394.75, F.S.; 21 revising provisions relating to reports by the 22 department on substance abuse and mental health 23 plans; repealing s. 394.82, F.S., relating to 24 funding of expanded community mental health 25 services; amending s. 394.9082, F.S.; deleting 26 obsolete provisions relating to an amendment to 27 the master state plan on behavioral health 28 services and to provision of status reports; 29 repealing s. 394.9083, F.S., relating to the 30 Behavioral Health Services Integration 31 Workgroup; repealing s. 397.321(1) and (20), 8 4:34 PM 04/22/05 s2546p-go00-pg2
Florida Senate - 2005 PROPOSED COMMITTEE SUBSTITUTE Bill No. SB 2546 Barcode 741238 585-2246A-05 1 F.S.; deleting a requirement that the 2 Department of Children and Family Services 3 develop a plan for substance abuse services; 4 amending s. 397.333, F.S.; deleting the 5 requirement for a report by the Statewide Drug 6 Policy Advisory Council; repealing s. 7 397.94(1), F.S.; deleting provisions relating 8 to children's substance abuse services plans by 9 service districts of the Department of Children 10 and Family Services; amending s. 400.0067, 11 F.S.; revising requirements relating to a 12 report by the State Long-Term Care Ombudsman 13 Council; repealing s. 400.0075(3), F.S.; 14 deleting a provision relating to such report; 15 amending s. 400.0089, F.S.; revising 16 requirements relating to a report by the 17 Department of Elderly Affairs and transferring 18 responsibility for the report to the council; 19 repealing s. 400.148(2), F.S.; deleting a 20 provision relating to a pilot program of the 21 Agency for Health Care Administration on a 22 quality-of-care contract management program; 23 amending s. 400.407, F.S.; deleting provisions 24 relating to a report by the Department of 25 Elderly Affairs on extended congregate care 26 facilities; amending s. 400.419, F.S.; 27 requiring a specified report to be distributed 28 to the Agency for Persons with Disabilities; 29 amending s. 400.967, F.S.; deleting provisions 30 relating to a report by the Agency for Health 31 Care Administration on intermediate care 9 4:34 PM 04/22/05 s2546p-go00-pg2
Florida Senate - 2005 PROPOSED COMMITTEE SUBSTITUTE Bill No. SB 2546 Barcode 741238 585-2246A-05 1 facilities for developmentally disabled 2 persons; revising agencies that may review the 3 agency's plan; amending s. 402.73, F.S.; 4 deleting provisions relating to a report by the 5 Department of Children and Family Services on 6 competitive procurement of client services; 7 amending s. 403.4131, F.S.; deleting provisions 8 relating to a report on the adopt-a-highway 9 program; repealing s. 403.756, F.S., relating 10 to a report on oil recycling; amending s. 11 403.7895, F.S.; deleting provisions relating to 12 a hazardous waste needs and capacity study; 13 repealing s. 406.02(4)(a), F.S.; deleting a 14 requirement for a report by the Medical 15 Examiners Commission; amending s. 408.033, 16 F.S.; revising provisions relating to reports 17 by local health councils; repealing s. 18 408.914(4), F.S.; deleting provisions requiring 19 the Agency for Health Care Administration to 20 submit a plan on comprehensive health and human 21 services eligibility access to the Governor; 22 amending s. 408.915(3)(i), F.S.; deleting 23 provisions requiring periodic reports on the 24 pilot program for such access; repealing s. 25 408.917, F.S., relating to evaluation of the 26 pilot project; amending s. 409.1451, F.S.; 27 revising requirements relating to reports on 28 independent living transition services; 29 repealing s. 409.146, F.S., relating to the 30 children and families client and management 31 information system; repealing s. 409.152, F.S., 10 4:34 PM 04/22/05 s2546p-go00-pg2
Florida Senate - 2005 PROPOSED COMMITTEE SUBSTITUTE Bill No. SB 2546 Barcode 741238 585-2246A-05 1 relating to service integration and family 2 preservation; repealing s. 409.1679(1), F.S.; 3 deleting provisions relating to reports 4 concerning residential group care services; 5 repealing s. 409.221(4)(k), F.S.; deleting 6 provisions relating to reports on 7 consumer-directed care; amending s. 409.25575, 8 F.S.; deleting provisions relating to a report 9 by the Department of Revenue regarding a 10 quality assurance program for privatization of 11 services; amending s. 409.2558, F.S.; deleting 12 provisions relating to the Department of 13 Revenue's solicitation of recommendations 14 related to a rule on undistributable 15 collections; amending s. 409.2567, F.S.; 16 deleting provisions relating to a report by the 17 Department of Revenue on collection of 18 assistance from noncustodial parents; amending 19 s. 409.906, F.S.; deleting a requirement for 20 reports of child-welfare-targeted case 21 management projects; amending s. 409.9065, 22 F.S.; deleting a provision relating to a report 23 by the Agency for Health Care Administration on 24 the pharmaceutical expense assistance program; 25 amending s. 409.91188, F.S.; deleting a 26 requirement that the Agency for Health Care 27 Administration monitor and report on a waiver 28 program for specialty prepaid health plans; 29 amending s. 409.912, F.S.; revising provisions 30 relating to duties of the agency with respect 31 to cost-effective purchasing of health care; 11 4:34 PM 04/22/05 s2546p-go00-pg2
Florida Senate - 2005 PROPOSED COMMITTEE SUBSTITUTE Bill No. SB 2546 Barcode 741238 585-2246A-05 1 repealing s. 410.0245, F.S., relating to a 2 study of service needs of the disabled adult 3 population; repealing s. 410.604(10), F.S.; 4 deleting a requirement for the Department of 5 Children and Family Services to evaluate the 6 community care for disabled adults program; 7 repealing s. 411.221, F.S., relating to 8 prevention and early assistance; repealing s. 9 411.242, F.S., relating to the Florida 10 Education Now and Babies Later program; 11 repealing s. 413.402(8), F.S.; deleting a 12 provision relating to a plan by the Association 13 of Centers for Independent Living on a personal 14 care attendant program; repealing s. 15 414.1251(3), F.S.; deleting a provision 16 relating to an electronic data transfer system 17 for the learnfare program; amending s. 414.14, 18 F.S.; deleting a provision relating to a report 19 by the secretary of the Department of Children 20 and Family Services on public assistance policy 21 simplification; repealing s. 414.36(1), F.S.; 22 deleting a provision relating to a plan for 23 privatization of recovery of public assistance 24 overpayment claims; repealing s. 414.391(3), 25 F.S.; deleting provisions relating to a plan 26 for automated fingerprint imaging; amending s. 27 415.1045, F.S.; deleting a requirement for a 28 study by the Office of Program Policy Analysis 29 and Government Accountability on documentation 30 of exploitation, abuse, or neglect; amending s. 31 415.111, F.S.; deleting the requirement for a 12 4:34 PM 04/22/05 s2546p-go00-pg2
Florida Senate - 2005 PROPOSED COMMITTEE SUBSTITUTE Bill No. SB 2546 Barcode 741238 585-2246A-05 1 report by the Department of Children and Family 2 Services on exploitation, abuse, or neglect; 3 amending s. 420.622, F.S.; revising 4 requirements relating to a report by the State 5 Council on Homelessness; repealing s. 6 420.623(4), F.S.; deleting a requirement for a 7 report by the Department of Community Affairs 8 on homelessness; amending s. 427.704, F.S.; 9 revising requirements relating to a report by 10 the Public Service Commission on a 11 telecommunications access system; amending s. 12 427.706, F.S.; revising requirements relating 13 to a report by the advisory committee on 14 telecommunications access; amending s. 430.04, 15 F.S.; revising duties of the Department of 16 Elderly Affairs with respect to certain reports 17 and recommendations; amending s. 430.502, F.S.; 18 revising requirements with respect to reports 19 by the Alzheimer's Disease Advisory Committee; 20 amending s. 430.707, F.S.; deleting provisions 21 relating to a report by the Department of 22 Elderly Affairs on contracts with managed care 23 organizations; amending s. 445.003, F.S.; 24 revising requirements relating to a report by 25 Workforce Florida, Inc., on the Incumbent 26 Worker Training Program; amending s. 445.004, 27 F.S.; deleting provisions relating to 28 appointment of members to Workforce Florida, 29 Inc.; amending s. 445.006, F.S.; deleting 30 provisions relating to a strategic plan for 31 workforce development; repealing s. 446.27, 13 4:34 PM 04/22/05 s2546p-go00-pg2
Florida Senate - 2005 PROPOSED COMMITTEE SUBSTITUTE Bill No. SB 2546 Barcode 741238 585-2246A-05 1 F.S., relating to a report by the former 2 Department of Labor and Employment Security; 3 amending s. 446.50, F.S.; deleting provisions 4 relating to a state plan for displaced 5 homemakers; repealing s. 455.204, F.S., 6 relating to long-range policy planning in the 7 Department of Business and Professional 8 Regulation; repealing s. 455.2226(8), F.S.; 9 deleting a requirement for a report by the 10 Board of Funeral Directors and Embalmers; 11 repealing s. 455.2228(6), F.S.; deleting a 12 requirement for reports by the Barbers' Board 13 and the Board of Cosmetology; amending s. 14 456.025, F.S.; revising requirements relating 15 to a report to professional boards by the 16 Department of Health; repealing s. 456.031(5), 17 F.S.; deleting provisions relating to reports 18 by professional boards about instruction on 19 domestic violence; repealing s. 456.033(8), 20 F.S.; deleting provisions relating to reports 21 by professional boards about HIV and AIDS; 22 repealing s. 456.034(6), F.S.; deleting 23 provisions relating to reports by professional 24 boards about HIV and AIDS; amending s. 517.302, 25 F.S.; deleting a requirement for a report by 26 the Office of Financial Regulation on deposits 27 into the Anti-Fraud Trust Fund; repealing s. 28 526.3135, F.S., relating to reports by the 29 Division of Standards; repealing s. 531.415(3), 30 F.S.; deleting the requirement of a report by 31 the Department of Agriculture and Consumer 14 4:34 PM 04/22/05 s2546p-go00-pg2
Florida Senate - 2005 PROPOSED COMMITTEE SUBSTITUTE Bill No. SB 2546 Barcode 741238 585-2246A-05 1 Services on fees; repealing s. 553.975, F.S., 2 relating to a report to the Governor and 3 Legislature by the Public Service Commission; 4 repealing s. 570.0705(3), F.S.; deleting the 5 requirement of a report by the Commissioner of 6 Agriculture about advisory committees; 7 repealing s. 570.0725(5), F.S.; deleting 8 provisions relating to a report by the 9 Department of Agriculture and Consumer Services 10 about supporting food recovery programs; 11 repealing s. 570.235(3), F.S.; deleting a 12 requirement for a report by the pest Exclusion 13 Advisory Committee; repealing s. 570.543(3), 14 F.S.; deleting provisions relating to 15 legislative recommendations of the Florida 16 Consumers' Council; repealing s. 570.952(5), 17 F.S.; deleting provisions relating to a 18 recommendation of the Commissioner of 19 Agriculture concerning the Florida Agriculture 20 Center and Horse Park Authority; amending s. 21 603.204, F.S.; revising requirements relating 22 to the South Florida Tropical Fruit Plan; 23 amending s. 644.7021, F.S.; revising provisions 24 relating to reports by the executive director 25 of the Statewide Public Guardianship Office; 26 amending s. 744.708, F.S.; revising provisions 27 relating to audits of public guardian offices 28 and to reports concerning those offices; 29 repealing s. 765.5215(3), F.S.; deleting a 30 requirement for a report by the Agency for 31 Health Care Administration about organ 15 4:34 PM 04/22/05 s2546p-go00-pg2
Florida Senate - 2005 PROPOSED COMMITTEE SUBSTITUTE Bill No. SB 2546 Barcode 741238 585-2246A-05 1 donation; amending s. 768.295, F.S.; revising 2 duties of the Attorney General relating to 3 reports about "SLAPP" lawsuits; amending s. 4 775.084, F.S.; deleting provisions relating to 5 sentencing of violent career criminals and to 6 reports of judicial actions with respect 7 thereto; amending s. 790.22, F.S.; deleting 8 provisions relating to reports by the 9 Department of Juvenile Justice about certain 10 juvenile offenses that involve weapons; 11 repealing s. 943.08(3), F.S.; deleting 12 provisions relating to planning by the Criminal 13 and Juvenile Justice Information Systems 14 Council; repealing s. 943.125(2), F.S.; 15 deleting provisions relating to reports by the 16 Florida Sheriffs Association and the Florida 17 Police Chiefs Association about law enforcement 18 agency accreditation; amending s. 943.68, F.S.; 19 revising requirements relating to reports by 20 the Department of Law Enforcement about 21 transportation and protective services; 22 amending s. 944.801, F.S.; deleting a 23 requirement to deliver to specified officials 24 copies of certain reports about education of 25 state prisoners; repealing s. 945.35(10), F.S.; 26 deleting a requirement for a report by the 27 Department of Corrections concerning HIV and 28 AIDS education; repealing s. 948.10(8)(d), 29 F.S.; deleting a requirement for a report by 30 the Department of Corrections about placement 31 of ineligible offenders on community control; 16 4:34 PM 04/22/05 s2546p-go00-pg2
Florida Senate - 2005 PROPOSED COMMITTEE SUBSTITUTE Bill No. SB 2546 Barcode 741238 585-2246A-05 1 repealing s. 948.045(9), F.S.; deleting 2 provisions relating to a report by the 3 department about youthful offenders; amending 4 s. 960.045, F.S.; revising requirements 5 relating to reports by the Department of Legal 6 Affairs with respect to victims of crimes; 7 repealing s. 985.02(8)(c), F.S.; deleting the 8 requirement of a study by the Office of Program 9 Policy Analysis and Government Accountability 10 on programs for young females within the 11 Department of Juvenile Justice; amending s. 12 985.08, F.S.; deleting provisions relating to a 13 plan by a multiagency task force on information 14 systems related to delinquency; amending s. 15 985.3045, F.S.; deleting provisions relating to 16 a report by the prevention services program; 17 repealing s. 985.3046, F.S., relating to 18 agencies and entities providing prevention 19 services; repealing s. 985.305(5), F.S.; 20 deleting provisions relating to a report by the 21 Department of Juvenile Justice on early 22 delinquency intervention; amending s. 985.309, 23 F.S.; deleting provisions relating to a report 24 concerning a boot camp for children; amending 25 s. 985.31, F.S.; deleting provisions relating 26 to a report on serious or habitual juvenile 27 offenders; amending s. 985.311, F.S.; deleting 28 provisions relating to a report on intensive 29 residential treatment for offenders under 13 30 years of age; amending s. 985.3155, F.S.; 31 deleting provisions relating to submission of 17 4:34 PM 04/22/05 s2546p-go00-pg2
Florida Senate - 2005 PROPOSED COMMITTEE SUBSTITUTE Bill No. SB 2546 Barcode 741238 585-2246A-05 1 the multiagency plan for vocational education; 2 repealing s. 985.403, F.S., relating to the 3 Task Force on Juvenile Sexual Offenders and 4 their Victims; repealing s. 985.412(7), F.S.; 5 deleting provisions relating to a report by the 6 Department of Juvenile Justice on quality 7 assurance in contractual procurements; 8 repealing s. 1003.492(4), F.S.; deleting 9 provisions relating to a study about 10 industry-certified career education programs; 11 repealing s. 1006.0605, F.S., relating to 12 students' summer nutrition; amending s. 13 1011.32, F.S.; requiring the Governor to be 14 given a copy of a report related to the 15 Community College Facility Enhancement 16 Challenge Grant Program; repealing s. 17 1011.4105(5), F.S.; deleting provisions 18 relating to a plan concerning transition to the 19 university accounting system; repealing s. 20 1013.03(13), F.S.; deleting an obsolete 21 provision relating to the Department of 22 Education's duty to review school construction 23 requirements; amending ss. 370.12, 372.672, 24 409.91196, 411.01, 411.232, 641.386, F.S., 25 conforming cross-references to changes made by 26 the act; providing an effective date. 27 28 Be It Enacted by the Legislature of the State of Florida: 29 30 Section 1. Section 14.25, Florida Statutes, is 31 repealed. 18 4:34 PM 04/22/05 s2546p-go00-pg2
Florida Senate - 2005 PROPOSED COMMITTEE SUBSTITUTE Bill No. SB 2546 Barcode 741238 585-2246A-05 1 Section 2. Subsection (3) of section 14.26, Florida 2 Statutes, is amended to read: 3 14.26 Citizen's Assistance Office.-- 4 (3) The Citizen's Assistance Office shall report make 5 quarterly reports to the Governor on, which shall include: 6 (a) The number of complaints and investigations and 7 complaints made during the preceding quarter and the 8 disposition of such investigations. 9 (b) Recommendations in the form of suggested 10 legislation or suggested procedures for the alleviation of 11 problems disclosed by investigations. 12 (b)(c) A report including statistics which reflect The 13 types of complaints made and an assessment as to the cause of 14 the complaints. 15 (c) Recommendations for the alleviation of the cause 16 of complaints disclosed by investigations. 17 (d) Such other information as the Executive Office of 18 the Governor shall require. 19 Section 3. Section 14.27, Florida Statutes, is 20 repealed. 21 Section 4. Section 16.58, Florida Statutes, is 22 repealed. 23 Section 5. Subsection (1) of section 17.32, Florida 24 Statutes, is amended to read: 25 17.32 Annual report of trust funds; duties of Chief 26 Financial Officer.-- 27 (1) On February 1 of each year, the Chief Financial 28 Officer shall present to the Governor and the Legislature 29 President of the Senate and the Speaker of the House of 30 Representatives a report listing all trust funds as defined in 31 s. 215.32. The report shall contain the following data 19 4:34 PM 04/22/05 s2546p-go00-pg2
Florida Senate - 2005 PROPOSED COMMITTEE SUBSTITUTE Bill No. SB 2546 Barcode 741238 585-2246A-05 1 elements for each fund for the preceding fiscal year: 2 (a) The fund code. 3 (b) The title. 4 (c) The fund type according to generally accepted 5 accounting principles. 6 (d) The statutory authority. 7 (e) The beginning cash balance. 8 (f) Direct revenues. 9 (g) Nonoperating revenues. 10 (h) Operating disbursements. 11 (i) Nonoperating disbursements. 12 (j) The ending cash balance. 13 (k) The department and budget entity in which the fund 14 is located. 15 Section 6. Subsection (1) of section 17.325, Florida 16 Statutes, is amended to read: 17 17.325 Governmental efficiency hotline; duties of 18 Chief Financial Officer.-- 19 (1) The Chief Financial Officer shall establish and 20 operate a statewide toll-free telephone hotline to receive 21 information or suggestions from the citizens of this state on 22 how to improve the operation of government, increase 23 governmental efficiency, and eliminate waste in government. 24 The Chief Financial Officer shall report each month to the 25 appropriations committee of the House of Representatives and 26 of the Senate the information or suggestions received through 27 the hotline and the evaluations and determinations made by the 28 affected agency, as provided in subsection (3), with respect 29 to such information or suggestions. 30 Section 7. Section 20.057, Florida Statutes, is 31 amended to read: 20 4:34 PM 04/22/05 s2546p-go00-pg2
Florida Senate - 2005 PROPOSED COMMITTEE SUBSTITUTE Bill No. SB 2546 Barcode 741238 585-2246A-05 1 20.057 Interagency agreements to delete duplication of 2 inspections.-- 3 (1) The Governor shall direct any department, the head 4 of which is an officer or board appointed by and serving at 5 the pleasure of the Governor, to enter into an interagency 6 agreement that will eliminate duplication of inspections among 7 the departments that inspect the same type of facility or 8 structure. Parties to the agreement may include departments 9 which are headed by a Cabinet officer, the Governor and 10 Cabinet, or a collegial body. The agreement shall: 11 (a) Authorize agents of one department to conduct 12 inspections required to be performed by another department. 13 (b) Specify that agents of the department conducting 14 the inspection have all powers relative to the inspection as 15 the agents of the department on whose behalf the inspection is 16 being conducted. 17 (c) Require that agents of the department conducting 18 the inspection have sufficient knowledge of statutory and 19 administrative inspection requirements to conduct a proper 20 inspection. 21 (d) Specify that the departments which have entered 22 into the agreement may neither charge nor accept any funds 23 with respect to duties performed under the agreement which are 24 in excess of the direct costs of conducting such inspections. 25 (2) Before taking effect, an agreement entered into 26 under this section must be approved by the Governor. 27 Inspections conducted under an agreement shall be deemed 28 sufficient for enforcement purposes pursuant to the agreement 29 or as otherwise provided by law. 30 (2) No later than 60 days prior to the beginning of 31 the regular session, the Governor shall make an annual report 21 4:34 PM 04/22/05 s2546p-go00-pg2
Florida Senate - 2005 PROPOSED COMMITTEE SUBSTITUTE Bill No. SB 2546 Barcode 741238 585-2246A-05 1 to the President of the Senate and the Speaker of the House of 2 Representatives regarding interagency agreements. The report 3 shall identify each interagency agreement entered into under 4 this section, and, for each agreement, shall describe the 5 duplication eliminated, provide data that measures the 6 effectiveness of inspections conducted under the interagency 7 agreement, and estimate the cost savings that have resulted 8 from the agreement. The report shall also describe obstacles 9 encountered by any department in attempting to develop an 10 interagency agreement and in performing duties resulting from 11 an interagency agreement and shall recommend appropriate 12 remedial legislative action. 13 Section 8. Subsection (1) and paragraph (c) of 14 subsection (5) of section 20.19, Florida Statutes, are amended 15 to read: 16 20.19 Department of Children and Family 17 Services.--There is created a Department of Children and 18 Family Services. 19 (1) MISSION AND PURPOSE.-- 20 (a) The mission of the Department of Children and 21 Family Services is to protect vulnerable children and adults, 22 strengthen families, and support individuals and families in 23 achieving personal and economic self-sufficiency work in 24 partnership with local communities to ensure the safety, 25 well-being, and self-sufficiency of the people served. 26 (b) The department shall develop a strategic plan for 27 fulfilling its mission and establish a set of measurable 28 goals, objectives, performance standards, and quality 29 assurance requirements to ensure that the department is 30 accountable to the people of Florida. 31 (c) To the extent allowed by law and within specific 22 4:34 PM 04/22/05 s2546p-go00-pg2
Florida Senate - 2005 PROPOSED COMMITTEE SUBSTITUTE Bill No. SB 2546 Barcode 741238 585-2246A-05 1 appropriations, the department shall deliver services by 2 contract through private providers. 3 (5) SERVICE DISTRICTS.-- 4 (c) Each fiscal year the secretary shall, in 5 consultation with the relevant employee representatives, 6 develop projections of the number of child abuse and neglect 7 cases and shall include in the department's legislative budget 8 request a specific appropriation for funds and positions for 9 the next fiscal year in order to provide an adequate number of 10 full-time equivalent: 11 1. Child protection investigation workers so that 12 caseloads do not exceed the Child Welfare League Standards by 13 more than two cases; and 14 2. Child protection case workers so that caseloads do 15 not exceed the Child Welfare League Standards by more than two 16 cases. 17 Section 9. Paragraphs (e), (f), and (g) of subsection 18 (4) of section 20.316, Florida Statutes, are repealed. 19 Section 10. Paragraph (l) of subsection (1) of section 20 20.43, Florida Statutes, is amended to read: 21 20.43 Department of Health.--There is created a 22 Department of Health. 23 (1) The purpose of the Department of Health is to 24 promote and protect the health of all residents and visitors 25 in the state through organized state and community efforts, 26 including cooperative agreements with counties. The 27 department shall: 28 (l) Include in the department's long-range program 29 strategic plan developed under s. 186.021 an assessment of 30 current health programs, systems, and costs; projections of 31 future problems and opportunities; and recommended changes 23 4:34 PM 04/22/05 s2546p-go00-pg2
Florida Senate - 2005 PROPOSED COMMITTEE SUBSTITUTE Bill No. SB 2546 Barcode 741238 585-2246A-05 1 that are needed in the health care system to improve the 2 public health. 3 Section 11. Subsection (8) of section 39.001, Florida 4 Statutes, is amended to read: 5 39.001 Purposes and intent; personnel standards and 6 screening.-- 7 (8) FUNDING AND SUBSEQUENT PLANS.-- 8 (a) The department's long-range program plans and 9 legislative budget requests All budget requests submitted by 10 the department, the Department of Health, the Department of 11 Education, or any other agency to the Legislature for funding 12 of efforts for the prevention of child abuse, abandonment, and 13 neglect shall be based on and consistent with the most recent 14 state comprehensive plan and updates developed pursuant to 15 this section. 16 (b) The department at the state and district levels 17 and the other agencies listed in paragraph (7)(a) shall review 18 and update the plan annually readdress the plan and make 19 necessary revisions every 5 years, at a minimum. Such updates 20 revisions shall be submitted to the Governor and the 21 Legislature Speaker of the House of Representatives and the 22 President of the Senate no later than June 30 of each year 23 divisible by 5. Annual review and updates shall include 24 progress and performance reporting. An annual progress report 25 shall be submitted to update the plan in the years between the 26 5-year intervals. In order to avoid duplication of effort, 27 these required plans may be made a part of or merged with 28 other plans required by either the state or Federal 29 Government, so long as the portions of the other state or 30 Federal Government plan that constitute the state plan for the 31 prevention of child abuse, abandonment, and neglect are 24 4:34 PM 04/22/05 s2546p-go00-pg2
Florida Senate - 2005 PROPOSED COMMITTEE SUBSTITUTE Bill No. SB 2546 Barcode 741238 585-2246A-05 1 clearly identified as such and are provided to the Speaker of 2 the House of Representatives and the President of the Senate 3 as required above. 4 Section 12. Paragraph (h) of subsection (2) of section 5 39.4086, Florida Statutes, is amended to read: 6 39.4086 Pilot program for attorneys ad litem for 7 dependent children.-- 8 (2) RESPONSIBILITIES.-- 9 (h) The Statewide Guardian Ad Litem Office of the 10 State Courts Administrator shall conduct research and gather 11 statistical information to evaluate the establishment, 12 operation, and impact of the pilot program in meeting the 13 legal needs of dependent children. In assessing the effects of 14 the pilot program, including achievement of outcomes 15 identified under paragraph (b), the evaluation must include a 16 comparison of children within the Ninth Judicial Circuit who 17 are appointed an attorney ad litem with those who are not. The 18 office shall submit a report to the Legislature and the 19 Governor by October 1, 2001, and by October 1, 2002, regarding 20 its findings. The office shall submit a final report by 21 October 1, 2003, which must include an evaluation of the pilot 22 program; findings on the feasibility of a statewide program; 23 and recommendations, if any, for locating, establishing, and 24 operating a statewide program. 25 Section 13. Subsections (1) and (3) of section 98.255, 26 Florida Statutes, are amended to read: 27 98.255 Voter education programs.-- 28 (1) By March 1, 2002, The Department of State shall 29 adopt rules prescribing minimum standards for nonpartisan 30 voter education. In developing the rules, the department shall 31 review current voter education programs within each county of 25 4:34 PM 04/22/05 s2546p-go00-pg2
Florida Senate - 2005 PROPOSED COMMITTEE SUBSTITUTE Bill No. SB 2546 Barcode 741238 585-2246A-05 1 the state. The standards shall address, but are not limited 2 to, the following subjects: 3 (a) Voter registration; 4 (b) Balloting procedures, absentee and polling place; 5 (c) Voter rights and responsibilities; 6 (d) Distribution of sample ballots; and 7 (e) Public service announcements. 8 (3)(a) By December 15 of each general election year, 9 each supervisor of elections shall report to the Department of 10 State a detailed description of the voter education programs 11 implemented and any other information that may be useful in 12 evaluating the effectiveness of voter education efforts. 13 (b) The Department of State, upon receipt of such 14 information, shall prepare a public report on the 15 effectiveness of voter education programs and shall submit the 16 report to the Governor, the President of the Senate, and the 17 Speaker of the House of Representatives by January 31 of each 18 year following a general election. 19 (c) The Department of State shall reexamine the rules 20 adopted pursuant to subsection (1) and consider the findings 21 in these reports the report as a basis for adopting modified 22 rules that incorporate successful voter education programs and 23 techniques, as necessary. 24 Section 14. Subsection (10) of section 106.22, Florida 25 Statutes, is repealed. 26 Section 15. Paragraph (a) of subsection (7) of section 27 110.1227, Florida Statutes, is amended to read: 28 110.1227 Florida Employee Long-Term-Care Plan Act.-- 29 (7) The board of directors of the Florida 30 Long-Term-Care Plan shall: 31 (a) Upon implementation, prepare an annual report of 26 4:34 PM 04/22/05 s2546p-go00-pg2
Florida Senate - 2005 PROPOSED COMMITTEE SUBSTITUTE Bill No. SB 2546 Barcode 741238 585-2246A-05 1 the plan, with the assistance of an actuarial consultant, to 2 be submitted to the Speaker of the House of Representatives, 3 the President of the Senate, the Governor, and the Legislature 4 the Minority Leaders of the Senate and the House of 5 Representatives. 6 Section 16. Subsection (3) of section 120.60, Florida 7 Statutes, is amended to read: 8 120.60 Licensing.-- 9 (3) Each applicant shall be given written notice 10 either personally or by mail that the agency intends to grant 11 or deny, or has granted or denied, the application for 12 license. The notice must state with particularity the grounds 13 or basis for the issuance or denial of the license, except 14 when issuance is a ministerial act. Unless waived, a copy of 15 the notice shall be delivered or mailed to each party's 16 attorney of record and to each person who has requested notice 17 of agency action. Each notice shall inform the recipient of 18 the basis for the agency decision, shall inform the recipient 19 of any administrative hearing pursuant to ss. 120.569 and 20 120.57 or judicial review pursuant to s. 120.68 which may be 21 available, shall indicate the procedure which must be 22 followed, and shall state the applicable time limits. The 23 issuing agency shall certify the date the notice was mailed or 24 delivered, and the notice and the certification shall be filed 25 with the agency clerk. 26 Section 17. Subsection (2) of section 120.695, Florida 27 Statutes, is amended to read: 28 120.695 Notice of noncompliance.-- 29 (2)(a) Each agency shall issue a notice of 30 noncompliance as a first response to a minor violation of a 31 rule. A "notice of noncompliance" is a notification by the 27 4:34 PM 04/22/05 s2546p-go00-pg2
Florida Senate - 2005 PROPOSED COMMITTEE SUBSTITUTE Bill No. SB 2546 Barcode 741238 585-2246A-05 1 agency charged with enforcing the rule issued to the person or 2 business subject to the rule. A notice of noncompliance may 3 not be accompanied with a fine or other disciplinary penalty. 4 It must identify the specific rule that is being violated, 5 provide information on how to comply with the rule, and 6 specify a reasonable time for the violator to comply with the 7 rule. A rule is agency action that regulates a business, 8 occupation, or profession, or regulates a person operating a 9 business, occupation, or profession, and that, if not complied 10 with, may result in a disciplinary penalty. 11 (a)(b) Each agency shall review all of its rules and 12 designate those rules for which a violation would be a minor 13 violation and for which a notice of noncompliance must be the 14 first enforcement action taken against a person or business 15 subject to regulation. A violation of a rule is a minor 16 violation if it does not result in economic or physical harm 17 to a person or adversely affect the public health, safety, or 18 welfare or create a significant threat of such harm. If an 19 agency under the direction of a cabinet officer mails to each 20 licensee a notice of the designated rules at the time of 21 licensure and at least annually thereafter, the provisions of 22 paragraph (a) may be exercised at the discretion of the 23 agency. Such notice shall include a subject-matter index of 24 the rules and information on how the rules may be obtained. 25 (c) The agency's review and designation must be 26 completed by December 1, 1995; each agency under the direction 27 of the Governor shall make a report to the Governor, and each 28 agency under the joint direction of the Governor and Cabinet 29 shall report to the Governor and Cabinet by January 1, 1996, 30 on which of its rules have been designated as rules the 31 violation of which would be a minor violation. 28 4:34 PM 04/22/05 s2546p-go00-pg2
Florida Senate - 2005 PROPOSED COMMITTEE SUBSTITUTE Bill No. SB 2546 Barcode 741238 585-2246A-05 1 (b)(d) The Governor or the Governor and Cabinet, as 2 appropriate pursuant to paragraph (c), may evaluate the rule 3 review and designation effects of each agency and may apply a 4 different designation than that applied by the agency. 5 (3)(e) This section does not apply to the regulation 6 of law enforcement personnel or teachers. 7 (4)(f) Rule designation pursuant to this section is 8 not subject to challenge under this chapter. 9 Section 18. Section 120.74, Florida Statutes, is 10 amended to read: 11 120.74 Agency review, revision, and report.-- 12 (1) Each agency shall review and revise its rules as 13 often as necessary to ensure that its rules are correct and 14 comply with statutory requirements. 15 (2) Additionally, each agency shall perform a formal 16 review of its rules every 2 years. In the review, each agency 17 must: 18 (a) Identify and correct deficiencies in its rules; 19 (b) Clarify and simplify its rules; 20 (c) Delete obsolete or unnecessary rules; 21 (d) Delete rules that are redundant of statutes; 22 (e) Seek to improve efficiency, reduce paperwork, or 23 decrease costs to government and the private sector; and 24 (f) Contact agencies that have concurrent or 25 overlapping jurisdiction to determine whether their rules can 26 be coordinated to promote efficiency, reduce paperwork, or 27 decrease costs to government and the private sector. 28 (2) Beginning October 1, 1997, and by October 1 of 29 every other year thereafter, the head of each agency shall 30 file a report with the President of the Senate and the Speaker 31 of the House of Representatives, with a copy to each 29 4:34 PM 04/22/05 s2546p-go00-pg2
Florida Senate - 2005 PROPOSED COMMITTEE SUBSTITUTE Bill No. SB 2546 Barcode 741238 585-2246A-05 1 appropriate standing committee of the Legislature, which 2 certifies that the agency has complied with the requirements 3 of this subsection. The report must specify any changes made 4 to its rules as a result of the review and, when appropriate, 5 recommend statutory changes that will promote efficiency, 6 reduce paperwork, or decrease costs to government and the 7 private sector. 8 Section 19. Subsection (3) of section 121.45, Florida 9 Statutes, is amended to read: 10 121.45 Interstate compacts relating to pension 11 portability.-- 12 (3) ESTABLISHMENT OF COMPACTS.-- 13 (a) The Department of Management Services is 14 authorized and directed to survey other state retirement 15 systems to determine if such retirement systems are interested 16 in developing an interstate compact with Florida. 17 (b) If any such state is interested in pursuing the 18 matter, the department shall confer with the other state, and 19 the consulting actuaries of both states, and shall present its 20 findings to the committees having jurisdiction over retirement 21 matters in the Legislature, and to representatives of affected 22 certified bargaining units, in order to determine the 23 feasibility of developing a portability compact, what groups 24 should be covered, and the goals and priorities which should 25 guide such development. 26 (c) Upon a determination that such a compact is 27 feasible and upon request of the Legislature, the department, 28 together with its consulting actuaries, shall, in accordance 29 with said goals and priorities, develop a proposal under which 30 retirement credit may be transferred to or from Florida in an 31 actuarially sound manner which shall be presented to the 30 4:34 PM 04/22/05 s2546p-go00-pg2
Florida Senate - 2005 PROPOSED COMMITTEE SUBSTITUTE Bill No. SB 2546 Barcode 741238 585-2246A-05 1 Governor and the Legislature for consideration. 2 (d) Once a proposal has been developed, the department 3 shall contract with its consulting actuaries to conduct an 4 actuarial study of the proposal to determine the cost to the 5 Florida Retirement System Trust Fund and the State of Florida. 6 (e) After the actuarial study has been completed, the 7 department shall present its findings and the actuarial study 8 to the Legislature for consideration. If either house of the 9 Legislature elects to enter into such a compact, it shall be 10 introduced in the form of a proposed committee bill to the 11 full Legislature during the same or next regular session. 12 Section 20. Section 153.952, Florida Statutes, is 13 repealed. 14 Section 21. Subsections (3) through (22) of section 15 161.053, Florida Statutes, are amended to read: 16 161.053 Coastal construction and excavation; 17 regulation on county basis.-- 18 (3) It is the intent of the Legislature that any 19 coastal construction control line that has not been updated 20 since June 30, 1980, shall be considered a critical priority 21 for reestablishment by the department. In keeping with this 22 intent, the department shall notify the Legislature if all 23 such lines cannot be reestablished by December 31, 1997, so 24 that the Legislature may subsequently consider interim lines 25 of jurisdiction for the remaining counties. 26 (3)(4) Any coastal county or coastal municipality may 27 establish coastal construction zoning and building codes in 28 lieu of the provisions of this section, provided such zones 29 and codes are approved by the department as being adequate to 30 preserve and protect the beaches and coastal barrier dunes 31 adjacent to such beaches which are under the jurisdiction of 31 4:34 PM 04/22/05 s2546p-go00-pg2
Florida Senate - 2005 PROPOSED COMMITTEE SUBSTITUTE Bill No. SB 2546 Barcode 741238 585-2246A-05 1 the department from imprudent construction that will 2 jeopardize the stability of the beach-dune system, accelerate 3 erosion, provide inadequate protection to upland structures, 4 endanger adjacent properties, or interfere with public beach 5 access. Exceptions to locally established coastal 6 construction zoning and building codes shall not be granted 7 unless previously approved by the department. It is the 8 intent of this subsection to provide for local administration 9 of established coastal construction control lines through 10 approved zoning and building codes where desired by local 11 interests and where such local interests have, in the judgment 12 of the department, sufficient funds and personnel to 13 adequately administer the program. Should the department 14 determine at any time that the program is inadequately 15 administered, the department shall have authority to revoke 16 the authority granted to the county or municipality. 17 (4)(5) Except in those areas where local zoning and 18 building codes have been established pursuant to subsection 19 (3) (4), a permit to alter, excavate, or construct on property 20 seaward of established coastal construction control lines may 21 be granted by the department as follows: 22 (a) The department may authorize an excavation or 23 erection of a structure at any coastal location as described 24 in subsection (1) upon receipt of an application from a 25 property and/or riparian owner and upon the consideration of 26 facts and circumstances, including: 27 1. Adequate engineering data concerning shoreline 28 stability and storm tides related to shoreline topography; 29 2. Design features of the proposed structures or 30 activities; and 31 3. Potential impacts of the location of such 32 4:34 PM 04/22/05 s2546p-go00-pg2
Florida Senate - 2005 PROPOSED COMMITTEE SUBSTITUTE Bill No. SB 2546 Barcode 741238 585-2246A-05 1 structures or activities, including potential cumulative 2 effects of any proposed structures or activities upon such 3 beach-dune system, which, in the opinion of the department, 4 clearly justify such a permit. 5 (b) If in the immediate contiguous or adjacent area a 6 number of existing structures have established a reasonably 7 continuous and uniform construction line closer to the line of 8 mean high water than the foregoing, and if the existing 9 structures have not been unduly affected by erosion, a 10 proposed structure may, at the discretion of the department, 11 be permitted along such line on written authorization from the 12 department if such structure is also approved by the 13 department. However, the department shall not contravene 14 setback requirements or zoning or building codes established 15 by a county or municipality which are equal to, or more strict 16 than, those requirements provided herein. This paragraph does 17 not prohibit the department from requiring structures to meet 18 design and siting criteria established in paragraph (a) or in 19 subsection (1) or subsection (2). 20 (c) The department may condition the nature, timing, 21 and sequence of construction of permitted activities to 22 provide protection to nesting sea turtles and hatchlings and 23 their habitat, pursuant to s. 370.12, and to native 24 salt-resistant vegetation and endangered plant communities. 25 (d) The department may require such engineer 26 certifications as necessary to assure the adequacy of the 27 design and construction of permitted projects. 28 (e) The department shall limit the construction of 29 structures which interfere with public access along the beach. 30 However, the department may require, as a condition to 31 granting permits, the provision of alternative access when 33 4:34 PM 04/22/05 s2546p-go00-pg2
Florida Senate - 2005 PROPOSED COMMITTEE SUBSTITUTE Bill No. SB 2546 Barcode 741238 585-2246A-05 1 interference with public access along the beach is 2 unavoidable. The width of such alternate access may not be 3 required to exceed the width of the access that will be 4 obstructed as a result of the permit being granted. 5 (f) The department may, as a condition to the granting 6 of a permit under this section, require mitigation, financial, 7 or other assurances acceptable to the department as may be 8 necessary to assure performance of conditions of a permit or 9 enter into contractual agreements to best assure compliance 10 with any permit conditions. The department may also require 11 notice of the permit conditions required and the contractual 12 agreements entered into pursuant to the provisions of this 13 subsection to be filed in the public records of the county in 14 which the permitted activity is located. 15 (5)(a)(6)(a) As used in this subsection: 16 1. "Frontal dune" means the first natural or manmade 17 mound or bluff of sand which is located landward of the beach 18 and which has sufficient vegetation, height, continuity, and 19 configuration to offer protective value. 20 2. "Seasonal high-water line" means the line formed by 21 the intersection of the rising shore and the elevation of 150 22 percent of the local mean tidal range above local mean high 23 water. 24 (b) After October 1, 1985, and notwithstanding any 25 other provision of this part, the department, or a local 26 government to which the department has delegated permitting 27 authority pursuant to subsections (3) (4) and (15) (16), shall 28 not issue any permit for any structure, other than a coastal 29 or shore protection structure, minor structure, or pier, 30 meeting the requirements of this part, or other than intake 31 and discharge structures for a facility sited pursuant to part 34 4:34 PM 04/22/05 s2546p-go00-pg2
Florida Senate - 2005 PROPOSED COMMITTEE SUBSTITUTE Bill No. SB 2546 Barcode 741238 585-2246A-05 1 II of chapter 403, which is proposed for a location which, 2 based on the department's projections of erosion in the area, 3 will be seaward of the seasonal high-water line within 30 4 years after the date of application for such permit. The 5 procedures for determining such erosion shall be established 6 by rule. In determining the area which will be seaward of the 7 seasonal high-water line in 30 years, the department shall not 8 include any areas landward of a coastal construction control 9 line. 10 (c) Where the application of paragraph (b) would 11 preclude the construction of a structure, the department may 12 issue a permit for a single-family dwelling for the parcel so 13 long as: 14 1. The parcel for which the single-family dwelling is 15 proposed was platted or subdivided by metes and bounds before 16 the effective date of this section; 17 2. The owner of the parcel for which the single-family 18 dwelling is proposed does not own another parcel immediately 19 adjacent to and landward of the parcel for which the dwelling 20 is proposed; 21 3. The proposed single-family dwelling is located 22 landward of the frontal dune structure; and 23 4. The proposed single-family dwelling will be as far 24 landward on its parcel as is practicable without being located 25 seaward of or on the frontal dune. 26 (d) In determining the land areas which will be below 27 the seasonal high-water line within 30 years after the permit 28 application date, the department shall consider the impact on 29 the erosion rates of an existing beach nourishment or 30 restoration project or of a beach nourishment or restoration 31 project for which all funding arrangements have been made and 35 4:34 PM 04/22/05 s2546p-go00-pg2
Florida Senate - 2005 PROPOSED COMMITTEE SUBSTITUTE Bill No. SB 2546 Barcode 741238 585-2246A-05 1 all permits have been issued at the time the application is 2 submitted. The department shall consider each year there is 3 sand seaward of the erosion control line that no erosion took 4 place that year. However, the seaward extent of the beach 5 nourishment or restoration project beyond the erosion control 6 line shall not be considered in determining the applicable 7 erosion rates. Nothing in this subsection shall prohibit the 8 department from requiring structures to meet criteria 9 established in subsection (1), subsection (2), or subsection 10 (4) (5) or to be further landward than required by this 11 subsection based on the criteria established in subsection 12 (1), subsection (2), or subsection (4) (5). 13 (e) The department shall annually report to the 14 Legislature the status of this program, including any changes 15 to the previously adopted procedures for determining erosion 16 projections. 17 (6)(7) Any coastal structure erected, or excavation 18 created, in violation of the provisions of this section is 19 hereby declared to be a public nuisance; and such structure 20 shall be forthwith removed or such excavation shall be 21 forthwith refilled after written notice by the department 22 directing such removal or filling. In the event the structure 23 is not removed or the excavation refilled within a reasonable 24 time as directed, the department may remove such structure or 25 fill such excavation at its own expense; and the costs thereof 26 shall become a lien upon the property of the upland owner upon 27 which such unauthorized structure or excavation is located. 28 (7)(8) Any person, firm, corporation, or agent thereof 29 who violates this section is guilty of a misdemeanor of the 30 first degree, punishable as provided in s. 775.082 or s. 31 775.083; except that a person driving any vehicle on, over, or 36 4:34 PM 04/22/05 s2546p-go00-pg2
Florida Senate - 2005 PROPOSED COMMITTEE SUBSTITUTE Bill No. SB 2546 Barcode 741238 585-2246A-05 1 across any sand dune and damaging or causing to be damaged 2 such sand dune or the vegetation growing thereon in violation 3 of this section is guilty of a misdemeanor of the second 4 degree, punishable as provided in s. 775.082 or s. 775.083. A 5 person, firm, corporation, or agent thereof shall be deemed 6 guilty of a separate offense for each day during any portion 7 of which any violation of this section is committed or 8 continued. 9 (8)(9) The provisions of this section do not apply to 10 structures intended for shore protection purposes which are 11 regulated by s. 161.041 or to structures existing or under 12 construction prior to the establishment of the coastal 13 construction control line as provided herein, provided such 14 structures may not be materially altered except as provided in 15 subsection (4) (5). Except for structures that have been 16 materially altered, structures determined to be under 17 construction at the time of the establishment or 18 reestablishment of the coastal construction control line shall 19 be exempt from the provisions of this section. However, unless 20 such an exemption has been judicially confirmed to exist prior 21 to April 10, 1992, the exemption shall last only for a period 22 of 3 years from either the date of the determination of the 23 exemption or April 10, 1992, whichever occurs later. The 24 department may extend the exemption period for structures that 25 require longer periods for completion of their construction, 26 provided that construction during the initial exemption period 27 has been continuous. For purposes of this subsection, 28 "continuous" means following a reasonable sequence of 29 construction without significant or unreasonable periods of 30 work stoppage. 31 (9)(10) The department may by regulation exempt 37 4:34 PM 04/22/05 s2546p-go00-pg2
Florida Senate - 2005 PROPOSED COMMITTEE SUBSTITUTE Bill No. SB 2546 Barcode 741238 585-2246A-05 1 specifically described portions of the coastline from the 2 provisions of this section when in its judgment such portions 3 of coastline because of their nature are not subject to 4 erosion of a substantially damaging effect to the public. 5 (10)(11) Pending the establishment of coastal 6 construction control lines as provided herein, the provisions 7 of s. 161.052 shall remain in force. However, upon the 8 establishment of coastal construction control lines, or the 9 establishment of coastal construction zoning and building 10 codes as provided in subsection (3) (4), the provisions of s. 11 161.052 shall be superseded by the provisions of this section. 12 (11)(a)(12)(a) The coastal construction control 13 requirements defined in subsection (1) and the requirements of 14 the erosion projections pursuant to subsection (5) (6) do not 15 apply to any modification, maintenance, or repair to any 16 existing structure within the limits of the existing 17 foundation which does not require, involve, or include any 18 additions to, or repair or modification of, the existing 19 foundation of that structure. Specifically excluded from this 20 exemption are seawalls or other rigid coastal or shore 21 protection structures and any additions or enclosures added, 22 constructed, or installed below the first dwelling floor or 23 lowest deck of the existing structure. 24 (b) Activities seaward of the coastal construction 25 control line which are determined by the department not to 26 cause a measurable interference with the natural functioning 27 of the coastal system are exempt from the requirements in 28 subsection (4) (5). 29 (c) The department may establish exemptions from the 30 requirements of this section for minor activities determined 31 by the department not to have adverse impacts on the coastal 38 4:34 PM 04/22/05 s2546p-go00-pg2
Florida Senate - 2005 PROPOSED COMMITTEE SUBSTITUTE Bill No. SB 2546 Barcode 741238 585-2246A-05 1 system. Examples of such activities include, but are not 2 limited to: 3 1. Boat moorings; 4 2. Maintenance of existing beach/dune vegetation; 5 3. The burial of seaweed, dead fish, whales, or other 6 marine animals on the unvegetated beach; 7 4. The removal of piers or other derelict structures 8 from the unvegetated beach or seaward of mean high water; 9 5. Temporary emergency vehicular access, provided any 10 impacted area is immediately restored; 11 6. The removal of any existing structures or debris 12 from the upland, provided there is no excavation or 13 disturbance to the existing topography or beach/dune 14 vegetation; 15 7. Construction of any new roof overhang extending no 16 more than 4 feet beyond the confines of the existing 17 foundation during modification, renovation, or reconstruction 18 of a habitable structure within the confines of the existing 19 foundation of that structure which does not include any 20 additions to or modification of the existing foundation of 21 that structure; 22 8. Minor and temporary excavation for the purpose of 23 repairs to existing subgrade residential service utilities 24 (e.g., water and sewer lines, septic tanks and drainfields, 25 electrical and telephone cables, and gas lines), provided that 26 there is minimal disturbance and that grade is restored with 27 fill compatible in both coloration and grain size to the 28 onsite material and any damaged or destroyed vegetation is 29 restored using similar vegetation; and 30 9. Any other minor construction with impacts similar 31 to the above activities. 39 4:34 PM 04/22/05 s2546p-go00-pg2
Florida Senate - 2005 PROPOSED COMMITTEE SUBSTITUTE Bill No. SB 2546 Barcode 741238 585-2246A-05 1 (12)(a)(13)(a) Notwithstanding the coastal 2 construction control requirements defined in subsection (1) or 3 the erosion projection determined pursuant to subsection (5) 4 (6), the department may, at its discretion, issue a permit for 5 the repair or rebuilding within the confines of the original 6 foundation of a major structure pursuant to the provisions of 7 subsection (4) (5). Alternatively, the department may also, at 8 its discretion, issue a permit for a more landward relocation 9 or rebuilding of a damaged or existing structure if such 10 relocation or rebuilding would not cause further harm to the 11 beach-dune system, and if, in the case of rebuilding, such 12 rebuilding complies with the provisions of subsection (4) (5), 13 and otherwise complies with the provisions of this subsection. 14 (b) Under no circumstances shall the department permit 15 such repairs or rebuilding that expand the capacity of the 16 original structure seaward of the 30-year erosion projection 17 established pursuant to subsection (5) (6). 18 (c) In reviewing applications for relocation or 19 rebuilding, the department shall specifically consider changes 20 in shoreline conditions, the availability of other relocation 21 or rebuilding options, and the design adequacy of the project 22 sought to be rebuilt. 23 (d) Permits issued under this subsection shall not be 24 considered precedential as to the issuance of subsequent 25 permits. 26 (13)(14) Concurrent with the establishment of a 27 coastal construction control line and the ongoing 28 administration of this chapter, the secretary of the 29 department shall make recommendations to the Board of Trustees 30 of the Internal Improvement Trust Fund concerning the purchase 31 of the fee or any lesser interest in any lands seaward of the 40 4:34 PM 04/22/05 s2546p-go00-pg2
Florida Senate - 2005 PROPOSED COMMITTEE SUBSTITUTE Bill No. SB 2546 Barcode 741238 585-2246A-05 1 control line pursuant to the state's Save Our Coast, 2 Conservation and Recreation Lands, or Outdoor Recreation Land 3 acquisition programs; and, with respect to those control lines 4 established pursuant to this section prior to June 14, 1978, 5 the secretary may make such recommendations. 6 (14)(15) A coastal county or municipality fronting on 7 the Gulf of Mexico, the Atlantic Ocean, or the Straits of 8 Florida shall advise the department within 5 days after 9 receipt of any permit application for construction or other 10 activities proposed to be located seaward of the line 11 established by the department pursuant to the provisions of 12 this section. Within 5 days after receipt of such application, 13 the county or municipality shall notify the applicant of the 14 requirements for state permits. 15 (15)(16) In keeping with the intent of subsection (3) 16 (4), and at the discretion of the department, authority for 17 permitting certain types of activities which have been defined 18 by the department may be delegated by the department to a 19 coastal county or coastal municipality. Such partial 20 delegation shall be narrowly construed to those particular 21 activities specifically named in the delegation and agreed to 22 by the affected county or municipality, and the delegation may 23 be revoked by the department at any time if it is determined 24 that the delegation is improperly or inadequately 25 administered. 26 (16)(17) The department may, at the request of a 27 property owner, contract with such property owner for an 28 agreement, or modify an existing contractual agreement 29 regulating development activities landward of a coastal 30 construction control line, provided that nothing within the 31 contractual agreement shall be inconsistent with the design 41 4:34 PM 04/22/05 s2546p-go00-pg2
Florida Senate - 2005 PROPOSED COMMITTEE SUBSTITUTE Bill No. SB 2546 Barcode 741238 585-2246A-05 1 and siting provisions of this section. In no case shall the 2 contractual agreement bind either party for a period longer 3 than 5 years from its date of execution. Prior to beginning 4 any construction activity covered by the agreement, the 5 property owner shall obtain the necessary authorization 6 required by the agreement. The agreement shall not authorize 7 construction for: 8 (a) Major habitable structures which would require 9 construction beyond the expiration of the agreement, unless 10 such construction is above the completed foundation; or 11 (b) Nonhabitable major structures or minor structures, 12 unless such construction was authorized at the same time as 13 the habitable major structure. 14 (17)(18) The department is authorized to grant 15 areawide permits to local governments, other governmental 16 agencies, and utility companies for special classes of 17 activities in areas under their general jurisdiction or 18 responsibility, so long as these activities, due to the type, 19 size, or temporary nature of the activity, will not cause 20 measurable interference with the natural functioning of the 21 beach dune system or with marine turtles or their nesting 22 sites. Such activities shall include, but not be limited to: 23 road repairs, not including new construction; utility repairs 24 and replacements, or other minor activities necessary to 25 provide utility services; beach cleaning; and emergency 26 response. The department may adopt rules to establish criteria 27 and guidelines for use by permit applicants. The department 28 shall require notice provisions appropriate to the type and 29 nature of the activities for which areawide permits are 30 sought. 31 (18)(19) The department is authorized to grant general 42 4:34 PM 04/22/05 s2546p-go00-pg2
Florida Senate - 2005 PROPOSED COMMITTEE SUBSTITUTE Bill No. SB 2546 Barcode 741238 585-2246A-05 1 permits for projects, including dune walkovers, decks, fences, 2 landscaping, sidewalks, driveways, pool resurfacing, minor 3 pool repairs, and other nonhabitable structures, so long as 4 these projects, due to the type, size, or temporary nature of 5 the project, will not cause a measurable interference with the 6 natural functioning of the beach dune system or with marine 7 turtles or their nesting sites. In no event shall multifamily 8 habitable structures qualify for general permits. However, 9 single-family habitable structures which do not advance the 10 line of existing construction and satisfy all siting and 11 design requirements of this section may be eligible for a 12 general permit pursuant to this subsection. The department may 13 adopt rules to establish criteria and guidelines for use by 14 permit applicants. 15 (a) Persons wishing to use the general permits set 16 forth in this subsection shall, at least 30 days before 17 beginning any work, notify the department in writing on forms 18 adopted by the department. The notice shall include a 19 description of the proposed project and supporting documents 20 depicting the proposed project, its location, and other 21 pertinent information as required by rule, to demonstrate that 22 the proposed project qualifies for the requested general 23 permit. Persons who undertake projects without proof of 24 notice to the department, but whose projects would otherwise 25 qualify for general permits, shall be considered as being 26 undertaken without a permit and shall be subject to 27 enforcement pursuant to s. 161.121. 28 (b) Persons wishing to use a general permit must 29 provide notice as required by the applicable local building 30 code where the project will be located. If a building code 31 requires no notice, any person wishing to use a general permit 43 4:34 PM 04/22/05 s2546p-go00-pg2
Florida Senate - 2005 PROPOSED COMMITTEE SUBSTITUTE Bill No. SB 2546 Barcode 741238 585-2246A-05 1 must, at a minimum, post on the property at least 5 days prior 2 to the commencement of construction a sign no smaller than 88 3 square inches, with letters no smaller than one-quarter inch, 4 describing the project. 5 (19)(a)(20)(a) The department may suspend or revoke 6 the use of a general or areawide permit for good cause, 7 including: submission of false or inaccurate information in 8 the notification for use of a general or areawide permit; 9 violation of law, department orders, or rules relating to 10 permit conditions; deviation from the specified activity or 11 project indicated or the conditions for undertaking the 12 activity or project; refusal of lawful inspection; or any 13 other act on the permittee's part in using the general or 14 areawide permit which results or may result in harm or injury 15 to human health or welfare, or which causes harm or injury to 16 animal, plant, or aquatic life or to property. 17 (b) The department shall have access to the permitted 18 activity or project at reasonable times to inspect and 19 determine compliance with the permit and department rules. 20 (20)(21) The department is authorized to adopt rules 21 related to the following provisions of this section: 22 establishment of coastal construction control lines; 23 activities seaward of the coastal construction control line; 24 exemptions; property owner agreements; delegation of the 25 program; permitting programs; and violations and penalties. 26 (21)(22) In accordance with ss. 553.73 and 553.79, and 27 upon the effective date of the Florida Building Code, the 28 provisions of this section which pertain to and govern the 29 design, construction, erection, alteration, modification, 30 repair, and demolition of public and private buildings, 31 structures, and facilities shall be incorporated into the 44 4:34 PM 04/22/05 s2546p-go00-pg2
Florida Senate - 2005 PROPOSED COMMITTEE SUBSTITUTE Bill No. SB 2546 Barcode 741238 585-2246A-05 1 Florida Building Code. The Florida Building Commission shall 2 have the authority to adopt rules pursuant to ss. 120.536 and 3 120.54 in order to implement those provisions. This subsection 4 does not limit or abrogate the right and authority of the 5 department to require permits or to adopt and enforce 6 environmental standards, including but not limited to, 7 standards for ensuring the protection of the beach-dune 8 system, proposed or existing structures, adjacent properties, 9 marine turtles, native salt-resistant vegetation, endangered 10 plant communities, and the preservation of public beach 11 access. 12 Section 22. Subsection (2) of section 161.161, Florida 13 Statutes, is amended to read: 14 161.161 Procedure for approval of projects.-- 15 (2) Annually Upon approval of the beach management 16 plan, the secretary shall present to the Legislature President 17 of the Senate, the Speaker of the House of Representatives, 18 and the chairs of the legislative appropriations committees 19 recommendations for funding of beach erosion control projects 20 prioritized according to the. Such recommendations shall be 21 presented to such members of the Legislature in the priority 22 order specified in the plan and established pursuant to 23 criteria established contained in s. 161.101(14). 24 Section 23. Section 163.2526, Florida Statutes, is 25 repealed. 26 Section 24. Subsection (2) of section 163.3167, 27 Florida Statutes, is amended to read: 28 163.3167 Scope of act.-- 29 (2) Each local government shall prepare a 30 comprehensive plan of the type and in the manner set out in 31 this act or shall prepare amendments to its existing 45 4:34 PM 04/22/05 s2546p-go00-pg2
Florida Senate - 2005 PROPOSED COMMITTEE SUBSTITUTE Bill No. SB 2546 Barcode 741238 585-2246A-05 1 comprehensive plan to conform it to the requirements of this 2 part in the manner set out in this part. Each local 3 government, in accordance with the procedures in s. 163.3184, 4 shall submit its complete proposed comprehensive plan or its 5 complete comprehensive plan as proposed to be amended to the 6 state land planning agency by the date specified in the rule 7 adopted by the state land planning agency pursuant to this 8 subsection. The state land planning agency shall, prior to 9 October 1, 1987, adopt a schedule of local governments 10 required to submit complete proposed comprehensive plans or 11 comprehensive plans as proposed to be amended. Such schedule 12 shall specify the exact date of submission for each local 13 government, shall establish equal, staggered submission dates, 14 and shall be consistent with the following time periods: 15 (a) Beginning on July 1, 1988, and on or before July 16 1, 1990, each county that is required to include a coastal 17 management element in its comprehensive plan and each 18 municipality in such a county; and 19 (b) Beginning on July 1, 1989, and on or before July 20 1, 1991, all other counties or municipalities. 21 22 Nothing herein shall preclude the state land planning agency 23 from permitting by rule a county together with each 24 municipality in the county from submitting a proposed 25 comprehensive plan earlier than the dates established in 26 paragraphs (a) and (b). Any county or municipality that fails 27 to meet the schedule set for submission of its proposed 28 comprehensive plan by more than 90 days shall be subject to 29 the sanctions described in s. 163.3184(11)(a) imposed by the 30 Administration Commission. Notwithstanding the time periods 31 established in this subsection, the state land planning agency 46 4:34 PM 04/22/05 s2546p-go00-pg2
Florida Senate - 2005 PROPOSED COMMITTEE SUBSTITUTE Bill No. SB 2546 Barcode 741238 585-2246A-05 1 may establish later deadlines for the submission of proposed 2 comprehensive plans or comprehensive plans as proposed to be 3 amended for a county or municipality which has all or a part 4 of a designated area of critical state concern within its 5 boundaries; however, such deadlines shall not be extended to a 6 date later than July 1, 1991, or the time of de-designation, 7 whichever is earlier. 8 Section 25. Paragraph (h) of subsection (6) and 9 paragraph (k) of subsection (10) of section 163.3177, Florida 10 Statutes, are amended to read: 11 163.3177 Required and optional elements of 12 comprehensive plan; studies and surveys.-- 13 (6) In addition to the requirements of subsections 14 (1)-(5), the comprehensive plan shall include the following 15 elements: 16 (h)1. An intergovernmental coordination element 17 showing relationships and stating principles and guidelines to 18 be used in coordinating the accomplishment of coordination of 19 the adopted comprehensive plan with the plans of school boards 20 and other units of local government providing services but not 21 having regulatory authority over the use of land, with the 22 comprehensive plans of adjacent municipalities, the county, 23 adjacent counties, or the region, with the state comprehensive 24 plan and with the applicable regional water supply plan 25 approved pursuant to s. 373.0361, as the case may require and 26 as such adopted plans or plans in preparation may exist. This 27 element of the local comprehensive plan shall consider 28 demonstrate consideration of the particular effects of the 29 local plan, when adopted, upon the development of adjacent 30 municipalities, the county, adjacent counties, or the region, 31 or upon the state comprehensive plan, as the case may require. 47 4:34 PM 04/22/05 s2546p-go00-pg2
Florida Senate - 2005 PROPOSED COMMITTEE SUBSTITUTE Bill No. SB 2546 Barcode 741238 585-2246A-05 1 a. The intergovernmental coordination element shall 2 provide for procedures for identifying and implementing to 3 identify and implement joint planning areas, especially for 4 the purpose of annexation, municipal incorporation, and joint 5 infrastructure service areas. 6 b. The intergovernmental coordination element shall 7 provide for recognition of campus master plans prepared 8 pursuant to s. 1013.30. 9 c. The intergovernmental coordination element may 10 provide for a voluntary dispute resolution process, as 11 established pursuant to s. 186.509, for bringing to closure in 12 a timely manner intergovernmental disputes. A local 13 government may also develop and use an alternative local 14 dispute resolution process for this purpose. 15 2. The intergovernmental coordination element shall 16 further state principles and guidelines to be used in 17 coordinating the accomplishment of coordination of the adopted 18 comprehensive plan with the plans of school boards and other 19 units of local government providing facilities and services 20 but not having regulatory authority over the use of land. In 21 addition, the intergovernmental coordination element shall 22 describe joint processes for collaborative planning and 23 decisionmaking on population projections and public school 24 siting, the location and extension of public facilities 25 subject to concurrency, and siting facilities with countywide 26 significance, including locally unwanted land uses whose 27 nature and identity are established in an agreement. Within 1 28 year of adopting their intergovernmental coordination 29 elements, each county, all the municipalities within that 30 county, the district school board, and any unit of local 31 government service providers in that county shall establish by 48 4:34 PM 04/22/05 s2546p-go00-pg2
Florida Senate - 2005 PROPOSED COMMITTEE SUBSTITUTE Bill No. SB 2546 Barcode 741238 585-2246A-05 1 interlocal or other formal agreement executed by all affected 2 entities, the joint processes described in this subparagraph 3 consistent with their adopted intergovernmental coordination 4 elements. 5 3. To foster coordination between special districts 6 and local general-purpose governments as local general-purpose 7 governments implement local comprehensive plans, each 8 independent special district must submit a public facilities 9 report to the appropriate local government as required by s. 10 189.415. 11 4.a. Local governments adopting a public educational 12 facilities element pursuant to s. 163.31776 must execute an 13 interlocal agreement with the district school board, the 14 county, and nonexempt municipalities, as defined by s. 15 163.31776(1), which includes the items listed in s. 16 163.31777(2). The local government shall amend the 17 intergovernmental coordination element to provide that 18 coordination between the local government and school board is 19 pursuant to the agreement and shall state the obligations of 20 the local government under the agreement. 21 b. Plan amendments that comply with this subparagraph 22 are exempt from the provisions of s. 163.3187(1). 23 5. The state land planning agency shall establish a 24 schedule for phased completion and transmittal of plan 25 amendments to implement subparagraphs 1., 2., and 3. from all 26 jurisdictions so as to accomplish their adoption by December 27 31, 1999. A local government may complete and transmit its 28 plan amendments to carry out these provisions prior to the 29 scheduled date established by the state land planning agency. 30 The plan amendments are exempt from the provisions of s. 31 163.3187(1). 49 4:34 PM 04/22/05 s2546p-go00-pg2
Florida Senate - 2005 PROPOSED COMMITTEE SUBSTITUTE Bill No. SB 2546 Barcode 741238 585-2246A-05 1 5.6. By January 1, 2004, any county having a 2 population greater than 100,000, and the municipalities and 3 special districts within that county, shall submit a report to 4 the Department of Community Affairs which identifies: 5 a. Identifies All existing or proposed interlocal 6 service-delivery agreements regarding the following: 7 education; sanitary sewer; public safety; solid waste; 8 drainage; potable water; parks and recreation; and 9 transportation facilities. 10 b. Identifies Any deficits or duplication in the 11 provision of services within its jurisdiction, whether capital 12 or operational. Upon request, the Department of Community 13 Affairs shall provide technical assistance to the local 14 governments in identifying deficits or duplication. 15 6.7. Within 6 months after submission of the report, 16 the Department of Community Affairs shall, through the 17 appropriate regional planning council, coordinate a meeting of 18 all local governments within the regional planning area to 19 discuss the reports and potential strategies to remedy any 20 identified deficiencies or duplications. 21 7.8. Each local government shall update its 22 intergovernmental coordination element based upon the findings 23 in the report submitted pursuant to subparagraph 5. 6. The 24 report may be used as supporting data and analysis for the 25 intergovernmental coordination element. 26 9. By February 1, 2003, representatives of 27 municipalities, counties, and special districts shall provide 28 to the Legislature recommended statutory changes for 29 annexation, including any changes that address the delivery of 30 local government services in areas planned for annexation. 31 (10) The Legislature recognizes the importance and 50 4:34 PM 04/22/05 s2546p-go00-pg2
Florida Senate - 2005 PROPOSED COMMITTEE SUBSTITUTE Bill No. SB 2546 Barcode 741238 585-2246A-05 1 significance of chapter 9J-5, Florida Administrative Code, the 2 Minimum Criteria for Review of Local Government Comprehensive 3 Plans and Determination of Compliance of the Department of 4 Community Affairs that will be used to determine compliance of 5 local comprehensive plans. The Legislature reserved unto 6 itself the right to review chapter 9J-5, Florida 7 Administrative Code, and to reject, modify, or take no action 8 relative to this rule. Therefore, pursuant to subsection (9), 9 the Legislature hereby has reviewed chapter 9J-5, Florida 10 Administrative Code, and expresses the following legislative 11 intent: 12 (k) So that local governments are able to prepare and 13 adopt comprehensive plans with knowledge of the rules that 14 will be applied to determine consistency of the plans with 15 provisions of this part, it is the intent of the Legislature 16 that there should be no doubt as to the legal standing of 17 chapter 9J-5, Florida Administrative Code, at the close of the 18 1986 legislative session. Therefore, the Legislature declares 19 that changes made to chapter 9J-5, Florida Administrative 20 Code, prior to October 1, 1986, shall not be subject to rule 21 challenges under s. 120.56(2), or to drawout proceedings under 22 s. 120.54(3)(c)2. The entire chapter 9J-5, Florida 23 Administrative Code, as amended, shall be subject to rule 24 challenges under s. 120.56(3), as nothing herein shall be 25 construed to indicate approval or disapproval of any portion 26 of chapter 9J-5, Florida Administrative Code, not specifically 27 addressed herein. No challenge pursuant to s. 120.56(3) may be 28 filed from July 1, 1987, through April 1, 1993. Any amendments 29 to chapter 9J-5, Florida Administrative Code, exclusive of the 30 amendments adopted prior to October 1, 1986, pursuant to this 31 act, shall be subject to the full chapter 120 process. All 51 4:34 PM 04/22/05 s2546p-go00-pg2
Florida Senate - 2005 PROPOSED COMMITTEE SUBSTITUTE Bill No. SB 2546 Barcode 741238 585-2246A-05 1 amendments shall have effective dates as provided in chapter 2 120 and submission to the President of the Senate and Speaker 3 of the House of Representatives shall not be required. 4 Section 26. Subsection (6) of section 163.3178, 5 Florida Statutes, is amended to read: 6 163.3178 Coastal management.-- 7 (6) Local governments are encouraged to adopt 8 countywide marina siting plans to designate sites for existing 9 and future marinas. The Coastal Resources Interagency 10 Management Committee, at the direction of the Legislature, 11 shall identify incentives to encourage local governments to 12 adopt such siting plans and uniform criteria and standards to 13 be used by local governments to implement state goals, 14 objectives, and policies relating to marina siting. These 15 criteria must ensure that priority is given to water-dependent 16 land uses. The Coastal Resources Interagency Management 17 Committee shall submit its recommendations regarding local 18 government incentives to the Legislature by December 1, 1993. 19 Countywide marina siting plans must be consistent with state 20 and regional environmental planning policies and standards. 21 Each local government in the coastal area which participates 22 in adoption of a countywide marina siting plan shall 23 incorporate the plan into the coastal management element of 24 its local comprehensive plan. 25 Section 27. Subsection (12) of section 163.519, 26 Florida Statutes, is repealed. 27 Section 28. Subsection (9) of section 186.007, Florida 28 Statutes, is repealed. 29 Section 29. Section 186.022, Florida Statutes, is 30 amended to read: 31 186.022 Information technology strategic plans.--By 52 4:34 PM 04/22/05 s2546p-go00-pg2
Florida Senate - 2005 PROPOSED COMMITTEE SUBSTITUTE Bill No. SB 2546 Barcode 741238 585-2246A-05 1 June 1 of each year, the Financial Management Information 2 Board, the Criminal and Juvenile Justice Information Systems 3 Council, and the Health Information Systems Council shall each 4 develop and submit to the State Technology Office an 5 information technology strategic plan in a form and manner 6 prescribed in written instructions from the State Technology 7 Office in consultation with the Executive Office of the 8 Governor and the legislative appropriations committees. The 9 State Technology Office shall review each such strategic plan 10 and shall determine whether each such plan is consistent with 11 the State Annual Report on Enterprise Resource Planning and 12 Management and statewide policies adopted by the State 13 Technology Office, and by July 1 of each year shall develop 14 and transmit to each such board and council a written 15 expression of its findings, conclusions, and required changes, 16 if any, with respect to each such strategic plan. If any 17 change to any such strategic plan is required, each affected 18 board and council shall revise its strategic plan to the 19 extent necessary to incorporate such required changes and 20 shall resubmit its strategic plan to the State Technology 21 Office for final approval and acceptance. 22 Section 30. Subsection (5) of section 189.4035, 23 Florida Statutes, is amended to read: 24 189.4035 Preparation of official list of special 25 districts.-- 26 (5) The official list of special districts shall be 27 available on the department's website distributed by the 28 department on October 1 of each year to the President of the 29 Senate, the Speaker of the House of Representatives, the 30 Auditor General, the Department of Revenue, the Department of 31 Financial Services, the Department of Management Services, the 53 4:34 PM 04/22/05 s2546p-go00-pg2
Florida Senate - 2005 PROPOSED COMMITTEE SUBSTITUTE Bill No. SB 2546 Barcode 741238 585-2246A-05 1 State Board of Administration, counties, municipalities, 2 county property appraisers, tax collectors, and supervisors of 3 elections and to all interested parties who request the list. 4 Section 31. Subsection (2) of section 189.412, Florida 5 Statutes, is amended to read: 6 189.412 Special District Information Program; duties 7 and responsibilities.--The Special District Information 8 Program of the Department of Community Affairs is created and 9 has the following special duties: 10 (2) The maintenance of a master list of independent 11 and dependent special districts which shall be available on 12 the department's website annually updated and distributed to 13 the appropriate officials in state and local governments. 14 Section 32. Paragraph (b) of subsection (1) of section 15 206.606, Florida Statutes, is amended to read: 16 206.606 Distribution of certain proceeds.-- 17 (1) Moneys collected pursuant to ss. 206.41(1)(g) and 18 206.87(1)(e) shall be deposited in the Fuel Tax Collection 19 Trust Fund. Such moneys, after deducting the service charges 20 imposed by s. 215.20, the refunds granted pursuant to s. 21 206.41, and the administrative costs incurred by the 22 department in collecting, administering, enforcing, and 23 distributing the tax, which administrative costs may not 24 exceed 2 percent of collections, shall be distributed monthly 25 to the State Transportation Trust Fund, except that: 26 (b) $2.5 million shall be transferred annually to the 27 State Game Trust Fund in the Fish and Wildlife Conservation 28 Commission in each fiscal year and used for recreational 29 boating activities, and freshwater fisheries management and 30 research. The transfers must be made in equal monthly amounts 31 beginning on July 1 of each fiscal year. The commission shall 54 4:34 PM 04/22/05 s2546p-go00-pg2
Florida Senate - 2005 PROPOSED COMMITTEE SUBSTITUTE Bill No. SB 2546 Barcode 741238 585-2246A-05 1 annually determine where unmet needs exist for boating-related 2 activities, and may fund such activities in counties where, 3 due to the number of vessel registrations, sufficient 4 financial resources are unavailable. 5 1. A minimum of $1.25 million shall be used to fund 6 local projects to provide recreational channel marking, public 7 launching facilities, aquatic plant control, and other local 8 boating related activities. In funding the projects, the 9 commission shall give priority consideration as follows: 10 a. Unmet needs in counties with populations of 100,000 11 or less. 12 b. Unmet needs in coastal counties with a high level 13 of boating related activities from individuals residing in 14 other counties. 15 2. The remaining $1.25 million may be used for 16 recreational boating activities and freshwater fisheries 17 management and research. 18 3. The commission is authorized to adopt rules 19 pursuant to ss. 120.536(1) and 120.54 to implement a Florida 20 Boating Improvement Program similar to the program 21 administered by the Department of Environmental Protection and 22 established in rules 62D-5.031 - 62D-5.036, Florida 23 Administrative Code, to determine projects eligible for 24 funding under this subsection. 25 26 On February 1 of each year, The commission shall prepare and 27 make available on its Internet website file an annual report 28 with the President of the Senate and the Speaker of the House 29 of Representatives outlining the status of its Florida Boating 30 Improvement Program, including the projects funded, and a list 31 of counties whose needs are unmet due to insufficient 55 4:34 PM 04/22/05 s2546p-go00-pg2
Florida Senate - 2005 PROPOSED COMMITTEE SUBSTITUTE Bill No. SB 2546 Barcode 741238 585-2246A-05 1 financial resources from vessel registration fees. 2 Section 33. Paragraph (b) of subsection (4) of section 3 212.054, Florida Statutes, is amended to read: 4 212.054 Discretionary sales surtax; limitations, 5 administration, and collection.-- 6 (4) 7 (b) The proceeds of a discretionary sales surtax 8 collected by the selling dealer located in a county which 9 imposes the surtax shall be returned, less the cost of 10 administration, to the county where the selling dealer is 11 located. The proceeds shall be transferred to the 12 Discretionary Sales Surtax Clearing Trust Fund. A separate 13 account shall be established in such trust fund for each 14 county imposing a discretionary surtax. The amount deducted 15 for the costs of administration shall not exceed 3 percent of 16 the total revenue generated for all counties levying a surtax 17 authorized in s. 212.055. The amount deducted for the costs 18 of administration shall be used only for those costs which are 19 solely and directly attributable to the surtax. The total 20 cost of administration shall be prorated among those counties 21 levying the surtax on the basis of the amount collected for a 22 particular county to the total amount collected for all 23 counties. No later than March 1 of each year, the department 24 shall submit a written report which details the expenses and 25 amounts deducted for the costs of administration to the 26 President of the Senate, the Speaker of the House of 27 Representatives, and the governing authority of each county 28 levying a surtax. The department shall distribute the moneys 29 in the trust fund each month to the appropriate counties, 30 unless otherwise provided in s. 212.055. 31 Section 34. Paragraph (j) of subsection (5) of section 56 4:34 PM 04/22/05 s2546p-go00-pg2
Florida Senate - 2005 PROPOSED COMMITTEE SUBSTITUTE Bill No. SB 2546 Barcode 741238 585-2246A-05 1 212.08, Florida Statutes, is amended to read: 2 212.08 Sales, rental, use, consumption, distribution, 3 and storage tax; specified exemptions.--The sale at retail, 4 the rental, the use, the consumption, the distribution, and 5 the storage to be used or consumed in this state of the 6 following are hereby specifically exempt from the tax imposed 7 by this chapter. 8 (5) EXEMPTIONS; ACCOUNT OF USE.-- 9 (j) Machinery and equipment used in semiconductor, 10 defense, or space technology production and research and 11 development.-- 12 1.a. Industrial machinery and equipment used in 13 semiconductor technology facilities certified under 14 subparagraph 6. to manufacture, process, compound, or produce 15 semiconductor technology products for sale or for use by these 16 facilities are exempt from the tax imposed by this chapter. 17 For purposes of this paragraph, industrial machinery and 18 equipment includes molds, dies, machine tooling, other 19 appurtenances or accessories to machinery and equipment, 20 testing equipment, test beds, computers, and software, whether 21 purchased or self-fabricated, and, if self-fabricated, 22 includes materials and labor for design, fabrication, and 23 assembly. 24 b. Industrial machinery and equipment used in defense 25 or space technology facilities certified under subparagraph 6. 26 to manufacture, process, compound, or produce defense 27 technology products or space technology products for sale or 28 for use by these facilities are exempt from 25 percent of the 29 tax imposed by this chapter. 30 2.a. Machinery and equipment are exempt from the tax 31 imposed by this chapter if used predominately in semiconductor 57 4:34 PM 04/22/05 s2546p-go00-pg2
Florida Senate - 2005 PROPOSED COMMITTEE SUBSTITUTE Bill No. SB 2546 Barcode 741238 585-2246A-05 1 wafer research and development activities in a semiconductor 2 technology research and development facility certified under 3 subparagraph 6. For purposes of this paragraph, machinery and 4 equipment includes molds, dies, machine tooling, other 5 appurtenances or accessories to machinery and equipment, 6 testing equipment, test beds, computers, and software, whether 7 purchased or self-fabricated, and, if self-fabricated, 8 includes materials and labor for design, fabrication, and 9 assembly. 10 b. Machinery and equipment are exempt from 25 percent 11 of the tax imposed by this chapter if used predominately in 12 defense or space research and development activities in a 13 defense or space technology research and development facility 14 certified under subparagraph 6. 15 3. Building materials purchased for use in 16 manufacturing or expanding clean rooms in 17 semiconductor-manufacturing facilities are exempt from the tax 18 imposed by this chapter. 19 4. In addition to meeting the criteria mandated by 20 subparagraph 1., subparagraph 2., or subparagraph 3., a 21 business must be certified by the Office of Tourism, Trade, 22 and Economic Development as authorized in this paragraph in 23 order to qualify for exemption under this paragraph. 24 5. For items purchased tax exempt pursuant to this 25 paragraph, possession of a written certification from the 26 purchaser, certifying the purchaser's entitlement to exemption 27 pursuant to this paragraph, relieves the seller of the 28 responsibility of collecting the tax on the sale of such 29 items, and the department shall look solely to the purchaser 30 for recovery of tax if it determines that the purchaser was 31 not entitled to the exemption. 58 4:34 PM 04/22/05 s2546p-go00-pg2
Florida Senate - 2005 PROPOSED COMMITTEE SUBSTITUTE Bill No. SB 2546 Barcode 741238 585-2246A-05 1 6.a. To be eligible to receive the exemption provided 2 by subparagraph 1., subparagraph 2., or subparagraph 3., a 3 qualifying business entity shall apply to Enterprise Florida, 4 Inc. The application shall be developed by the Office of 5 Tourism, Trade, and Economic Development in consultation with 6 Enterprise Florida, Inc. 7 b. Enterprise Florida, Inc., shall review each 8 submitted application and information and determine whether or 9 not the application is complete within 5 working days. Once an 10 application is complete, Enterprise Florida, Inc., shall, 11 within 10 working days, evaluate the application and recommend 12 approval or disapproval of the application to the Office of 13 Tourism, Trade, and Economic Development. 14 c. Upon receipt of the application and recommendation 15 from Enterprise Florida, Inc., the Office of Tourism, Trade, 16 and Economic Development shall certify within 5 working days 17 those applicants who are found to meet the requirements of 18 this section and notify the applicant, Enterprise Florida, 19 Inc., and the department of the certification. If the Office 20 of Tourism, Trade, and Economic Development finds that the 21 applicant does not meet the requirements of this section, it 22 shall notify the applicant and Enterprise Florida, Inc., 23 within 10 working days that the application for certification 24 has been denied and the reasons for denial. The Office of 25 Tourism, Trade, and Economic Development has final approval 26 authority for certification under this section. 27 7.a. A business may apply once each year for the 28 exemption. 29 a.b. The application must indicate, for program 30 evaluation purposes only, the average number of full-time 31 equivalent employees at the facility over the preceding 59 4:34 PM 04/22/05 s2546p-go00-pg2
Florida Senate - 2005 PROPOSED COMMITTEE SUBSTITUTE Bill No. SB 2546 Barcode 741238 585-2246A-05 1 calendar year, the average wage and benefits paid to those 2 employees over the preceding calendar year, the total 3 investment made in real and tangible personal property over 4 the preceding calendar year, and the total value of tax-exempt 5 purchases and taxes exempted during the previous year. The 6 department shall assist the Office of Tourism, Trade, and 7 Economic Development in evaluating and verifying information 8 provided in the application for exemption. 9 b.c. The Office of Tourism, Trade, and Economic 10 Development may use the information reported on the 11 application for evaluation purposes only and shall prepare an 12 annual report on the exemption program and its cost and 13 impact. The annual report for the preceding fiscal year shall 14 be submitted to the Governor, the President of the Senate, and 15 the Speaker of the House of Representatives by September 30 of 16 each fiscal year. 17 8. A business certified to receive this exemption may 18 elect to designate one or more state universities or community 19 colleges as recipients of up to 100 percent of the amount of 20 the exemption for which they may qualify. To receive these 21 funds, the institution must agree to match the funds so earned 22 with equivalent cash, programs, services, or other in-kind 23 support on a one-to-one basis in the pursuit of research and 24 development projects as requested by the certified business. 25 The rights to any patents, royalties, or real or intellectual 26 property must be vested in the business unless otherwise 27 agreed to by the business and the university or community 28 college. 29 9. As used in this paragraph, the term: 30 a. "Predominately" means at least 50 percent of the 31 time in qualifying research and development. 60 4:34 PM 04/22/05 s2546p-go00-pg2
Florida Senate - 2005 PROPOSED COMMITTEE SUBSTITUTE Bill No. SB 2546 Barcode 741238 585-2246A-05 1 b. "Research and development" means basic and applied 2 research in the science or engineering, as well as the design, 3 development, and testing of prototypes or processes of new or 4 improved products. Research and development does not include 5 market research, routine consumer product testing, sales 6 research, research in the social sciences or psychology, 7 nontechnological activities, or technical services. 8 c. "Semiconductor technology products" means raw 9 semiconductor wafers or semiconductor thin films that are 10 transformed into semiconductor memory or logic wafers, 11 including wafers containing mixed memory and logic circuits; 12 related assembly and test operations; active-matrix flat panel 13 displays; semiconductor chips; semiconductor lasers; 14 optoelectronic elements; and related semiconductor technology 15 products as determined by the Office of Tourism, Trade, and 16 Economic Development. 17 d. "Clean rooms" means manufacturing facilities 18 enclosed in a manner that meets the clean manufacturing 19 requirements necessary for high-technology 20 semiconductor-manufacturing environments. 21 e. "Defense technology products" means products that 22 have a military application, including, but not limited to, 23 weapons, weapons systems, guidance systems, surveillance 24 systems, communications or information systems, munitions, 25 aircraft, vessels, or boats, or components thereof, which are 26 intended for military use and manufactured in performance of a 27 contract with the United States Department of Defense or the 28 military branch of a recognized foreign government or a 29 subcontract thereunder which relates to matters of national 30 defense. 31 f. "Space technology products" means products that are 61 4:34 PM 04/22/05 s2546p-go00-pg2
Florida Senate - 2005 PROPOSED COMMITTEE SUBSTITUTE Bill No. SB 2546 Barcode 741238 585-2246A-05 1 specifically designed or manufactured for application in space 2 activities, including, but not limited to, space launch 3 vehicles, missiles, satellites or research payloads, avionics, 4 and associated control systems and processing systems. The 5 term does not include products that are designed or 6 manufactured for general commercial aviation or other uses 7 even though those products may also serve an incidental use in 8 space applications. 9 Section 35. Section 213.0452, Florida Statutes, is 10 repealed. 11 Section 36. Section 213.054, Florida Statutes, is 12 repealed. 13 Section 37. Paragraph (z) of subsection (1) of section 14 216.011, Florida Statutes, is amended to read: 15 216.011 Definitions.-- 16 (1) For the purpose of fiscal affairs of the state, 17 appropriations acts, legislative budgets, and approved 18 budgets, each of the following terms has the meaning 19 indicated: 20 (z) "Long-range program plan" means a plan developed 21 pursuant to s. 216.013 on an annual basis by each state agency 22 that is policy based, priority driven, accountable, and 23 developed through careful examination and justification of all 24 programs and their associated costs. Each plan is developed by 25 examining the needs of agency customers and clients and 26 proposing programs and associated costs to address those needs 27 based on state priorities as established by law, the agency 28 mission, and legislative authorization. The plan provides the 29 framework and context for preparing the legislative budget 30 request and includes performance indicators for evaluating the 31 impact of programs and agency performance. 62 4:34 PM 04/22/05 s2546p-go00-pg2
Florida Senate - 2005 PROPOSED COMMITTEE SUBSTITUTE Bill No. SB 2546 Barcode 741238 585-2246A-05 1 Section 38. Section 216.013, Florida Statutes, is 2 amended to read: 3 216.013 Long-range program plan.-- 4 (1) State agencies and the judicial branch shall 5 develop long-range program plans to achieve state goals using 6 an interagency planning process that includes the development 7 of integrated agency program service outcomes. The plans shall 8 be policy-based, priority-driven, accountable, and developed 9 through careful examination and justification of all agency 10 and judicial branch programs. The plan shall cover a period of 11 5 fiscal years and shall become effective July 1 each year. 12 (1) Long-range program plans shall provide the 13 framework for the development of agency budget requests and 14 shall identify or update: 15 (a) The agency's or court's mission; 16 (b) The goals established to accomplish the mission; 17 (c) The objectives developed to achieve the goals; 18 (d) The trends and conditions relevant to the mission, 19 goals, and objectives; 20 (e)(a) The agency or court Identify agency programs 21 and address how agency programs that will be used to implement 22 state policy and achieve state goals and program component 23 objectives; 24 (f) The program outcomes and standards to measure 25 progress toward program objectives; and 26 (b) Identify and describe agency functions and how 27 they will be used to achieve designated outcomes; 28 (c) Identify demand, output, total costs, and unit 29 costs for each function; 30 (g)(d) Provide Information regarding performance 31 measurement, which includes, but is not limited to, how data 63 4:34 PM 04/22/05 s2546p-go00-pg2
Florida Senate - 2005 PROPOSED COMMITTEE SUBSTITUTE Bill No. SB 2546 Barcode 741238 585-2246A-05 1 is collected, the methodology used to measure a performance 2 indicator, the validity and reliability of a measure, the 3 appropriateness of a measure, and whether the agency inspector 4 general has assessed the reliability and validity of agency 5 performance measures, pursuant to s. 20.055(2).; 6 (e) Identify and justify facility and fixed capital 7 outlay projects and their associated costs; and 8 (f) Identify and justify information technology 9 infrastructure and applications and their associated costs for 10 information technology projects or initiatives. 11 (2) Each long-range program plan shall cover a period 12 of 5 fiscal years, be revised annually, and remain in effect 13 until replaced or revised. All agency functions and their 14 costs shall be carefully evaluated and justified by the 15 agency. The justification must clearly demonstrate the needs 16 of agency customers and clients and why the agency is 17 proposing functions and their associated costs to address the 18 needs based on state priorities, the agency mission, and 19 legislative authorization. Further, the justification must 20 show how agency functions are integrated and contribute to the 21 overall achievement of state goals. Facilities, fixed capital 22 outlay and information technology infrastructure, and 23 applications shall be evaluated pursuant to ss. 216.0158, 24 216.043, and 216.0446, respectively. 25 (3) Long-range program plans or revisions shall be 26 presented by state agencies and the judicial branch in a form, 27 manner, and timeframe prescribed in written instructions 28 prepared by submitted to the Executive Office of the Governor 29 in consultation with by August 1 of each year in a form and 30 manner prescribed by the Executive Office of the Governor and 31 the chairs of the legislative appropriations committees. Such 64 4:34 PM 04/22/05 s2546p-go00-pg2
Florida Senate - 2005 PROPOSED COMMITTEE SUBSTITUTE Bill No. SB 2546 Barcode 741238 585-2246A-05 1 long-range program plans for the Judicial Branch shall be 2 submitted by the Chief Justice of the Supreme Court to the 3 President of the Senate and the Speaker of the House of 4 Representatives, and a copy shall be provided to the Executive 5 Office of the Governor. 6 (4) The Executive Office of the Governor shall review 7 the long-range program plans for executive agencies to ensure 8 that they are consistent with the state's goals and objectives 9 and other requirements as specified in the written 10 instructions and that they provide the framework and context 11 for the agency's budget request. 12 (5) Executive agencies shall incorporate all revisions 13 required by the Governor within 14 working days. 14 (6) Any differences between executive agencies 15 regarding the programs, policies, or long-range program plans 16 of such agencies shall be mediated by the Executive Office of 17 the Governor. 18 (4)(7) Each state executive agency and the judicial 19 branch shall post their transmit copies of its long-range 20 program plan on their Internet website and all written 21 comments on its plan to the President of the Senate and the 22 Speaker of the House of Representatives not later than 23 September 30th of each year and provide written notice to the 24 Governor and the Legislature that the plans have been posted 25 60 days prior to the next regular session of the Legislature. 26 (8) Long-range program plans developed pursuant to 27 this chapter are not rules and therefore are not subject to 28 the provisions of chapter 120. 29 (5)(9) Following the adoption of the annual General 30 Appropriations Act, the state agencies and the judicial branch 31 shall make appropriate adjustments to their long-range program 65 4:34 PM 04/22/05 s2546p-go00-pg2
Florida Senate - 2005 PROPOSED COMMITTEE SUBSTITUTE Bill No. SB 2546 Barcode 741238 585-2246A-05 1 plans to be consistent with the appropriations and performance 2 measures in the General Appropriations Act and legislation 3 implementing the General Appropriations Act. Agencies and the 4 judicial branch have until June 15 to make adjustments to 5 their plans as posted on their Internet websites and submit 6 the adjusted plans to the Executive Office of the Governor for 7 review. 8 (6) Long-range program plans developed pursuant to 9 this chapter are not rules and therefore are not subject to 10 chapter 120. 11 Section 39. Section 216.1825, Florida Statutes, is 12 repealed. 13 Section 40. Subsection (5) of section 252.55, Florida 14 Statutes, is amended to read: 15 252.55 Civil Air Patrol, Florida Wing.-- 16 (5) The wing commander of the Florida Wing of the 17 Civil Air Patrol shall biennially furnish the Bureau of 18 Emergency Management a 2-year an annual projection of the 19 goals and objectives of the Civil Air Patrol for the following 20 year. These will be reported to the Governor in the division's 21 biennial annual report submitted pursuant to s. 252.35 of the 22 division on February 1 of each year. 23 Section 41. Subsection (1) of section 253.7825, 24 Florida Statutes, is amended to read: 25 253.7825 Recreational uses.-- 26 (1) The Cross Florida Greenways State Recreation and 27 Conservation Area must be managed as a multiple-use area 28 pursuant to s. 253.034(2)(a), and as further provided herein. 29 The University of Florida Management Plan provides a 30 conceptual recreational plan that may ultimately be developed 31 at various locations throughout the greenways corridor. The 66 4:34 PM 04/22/05 s2546p-go00-pg2
Florida Senate - 2005 PROPOSED COMMITTEE SUBSTITUTE Bill No. SB 2546 Barcode 741238 585-2246A-05 1 plan proposes to locate a number of the larger, more 2 comprehensive and complex recreational facilities in 3 sensitive, natural resource areas. Future site-specific 4 studies and investigations must be conducted by the department 5 to determine compatibility with, and potential for adverse 6 impact to, existing natural resources, need for the facility, 7 the availability of other alternative locations with reduced 8 adverse impacts to existing natural resources, and the proper 9 specific sites and locations for the more comprehensive and 10 complex facilities. Furthermore, it is appropriate, with the 11 approval of the department, to allow more fishing docks, boat 12 launches, and other user-oriented facilities to be developed 13 and maintained by local governments. 14 Section 42. Section 253.7826, Florida Statutes, is 15 repealed. 16 Section 43. Subsection (4) of section 259.037, Florida 17 Statutes, is amended to read: 18 259.037 Land Management Uniform Accounting Council.-- 19 (4) The council shall provide a report of the 20 agencies' expenditures pursuant to the adopted categories to 21 the President of the Senate and the Speaker of the House of 22 Representatives annually, beginning July 1, 2001. The council 23 shall also provide this report to the Acquisition and 24 Restoration Council for inclusion in its annual report 25 required pursuant to s. 259.105. 26 Section 44. Section 265.56, Florida Statutes, is 27 repealed. 28 Section 45. Subsection (4) of section 267.074, Florida 29 Statutes, is repealed. 30 Section 46. Subsection (28) of section 282.102, 31 Florida Statutes, is repealed. 67 4:34 PM 04/22/05 s2546p-go00-pg2
Florida Senate - 2005 PROPOSED COMMITTEE SUBSTITUTE Bill No. SB 2546 Barcode 741238 585-2246A-05 1 Section 47. Subsection (3) of section 284.50, Florida 2 Statutes, is repealed. 3 Section 48. Subsection (15) of section 287.059, 4 Florida Statutes, is amended to read: 5 287.059 Private attorney services.-- 6 (15) The Attorney General's office may, by rule, adopt 7 standard fee schedules for court reporting services for each 8 judicial circuit in consultation with the Florida Court 9 Reporters Association. Agencies, when contracting for court 10 reporting services, must use the standard fee schedule for 11 court reporting services established pursuant to this section, 12 provided no state contract is applicable or unless the head of 13 the agency or his or her designee waives use of the schedule 14 and sets forth the reasons for deviating from the schedule in 15 writing to the Attorney General. Such waiver must demonstrate 16 necessity based upon criteria for deviation from the schedule 17 which the Attorney General shall establish by rule. Any 18 proposed fee schedule under this section shall be submitted to 19 the Governor, the Speaker of the House of Representatives, the 20 President of the Senate, and the Chief Justice of the Florida 21 Supreme Court at least 60 days prior to publication of the 22 notice to adopt the rule. 23 Section 49. Subsection (7) of section 288.108, Florida 24 Statutes, is repealed. 25 Section 50. Section 288.1185, Florida Statutes, is 26 repealed. 27 Section 51. Paragraph (e) of subsection (8) of section 28 288.1229, Florida Statutes, is amended to read: 29 288.1229 Promotion and development of sports-related 30 industries and amateur athletics; direct-support organization; 31 powers and duties.-- 68 4:34 PM 04/22/05 s2546p-go00-pg2
Florida Senate - 2005 PROPOSED COMMITTEE SUBSTITUTE Bill No. SB 2546 Barcode 741238 585-2246A-05 1 (8) To promote amateur sports and physical fitness, 2 the direct-support organization shall: 3 (e) Promote Florida as a host for national and 4 international amateur athletic competitions. As part of this 5 effort, the direct-support organization shall: 6 1. Assist and support Florida cities or communities 7 bidding or seeking to host the Summer Olympics or Pan American 8 Games. 9 2. Annually report to the Governor, the President of 10 the Senate, and the Speaker of the House of Representatives on 11 the status of the efforts of cities or communities bidding to 12 host the Summer Olympics or Pan American Games, including, but 13 not limited to, current financial and infrastructure status, 14 projected financial and infrastructure needs, and 15 recommendations for satisfying the unmet needs and fulfilling 16 the requirements for a successful bid in any year that the 17 Summer Olympics or Pan American Games are held in this state. 18 Section 52. Subsection (4) of section 288.7015, 19 Florida Statutes, is repealed. 20 Section 53. Section 288.7771, Florida Statutes, is 21 amended to read: 22 288.7771 Annual report of Florida Export Finance 23 Corporation.--By March 31 of each year, The corporation shall 24 annually prepare and submit to Enterprise Florida, Inc., for 25 inclusion in their annual report required by s. 288.095 the 26 Governor, the President of the Senate, the Speaker of the 27 House of Representatives, the Senate Minority Leader, and the 28 House Minority Leader a complete and detailed report setting 29 forth: 30 (1) The report required in s. 288.776(3). 31 (2) Its assets and liabilities at the end of its most 69 4:34 PM 04/22/05 s2546p-go00-pg2
Florida Senate - 2005 PROPOSED COMMITTEE SUBSTITUTE Bill No. SB 2546 Barcode 741238 585-2246A-05 1 recent fiscal year. 2 Section 54. Subsections (8), (10), and (11) of section 3 288.8175, Florida Statutes, are repealed. 4 Section 55. Subsection (5) of section 288.853, Florida 5 Statutes, is repealed. 6 Section 56. Subsection (5) of section 288.95155, 7 Florida Statutes, is amended to read: 8 288.95155 Florida Small Business Technology Growth 9 Program.-- 10 (5) By January 1 of each year, Enterprise Florida, 11 Inc., shall prepare and include in their annual report 12 required by s. 288.095 a report on the financial status of the 13 program and the account and shall submit a copy of the report 14 to the board of directors of Enterprise Florida, Inc., the 15 appropriate legislative committees responsible for economic 16 development oversight, and the appropriate legislative 17 appropriations subcommittees. The report shall specify the 18 assets and liabilities of the account within the current 19 fiscal year and shall include a portfolio update that lists 20 all of the businesses assisted, the private dollars leveraged 21 by each business assisted, and the growth in sales and in 22 employment of each business assisted. 23 Section 57. Paragraph (c) of subsection (4) of section 24 288.9604, Florida Statutes, is amended to read: 25 288.9604 Creation of the authority.-- 26 (4) 27 (c) The directors of the corporation shall annually 28 elect one of their members as chair and one as vice chair. 29 The corporation may employ a president, technical experts, and 30 such other agents and employees, permanent and temporary, as 31 it requires and determine their qualifications, duties, and 70 4:34 PM 04/22/05 s2546p-go00-pg2
Florida Senate - 2005 PROPOSED COMMITTEE SUBSTITUTE Bill No. SB 2546 Barcode 741238 585-2246A-05 1 compensation. For such legal services as it requires, the 2 corporation may employ or retain its own counsel and legal 3 staff. The corporation shall file with the governing body of 4 each public agency with which it has entered into an 5 interlocal agreement and with the Governor, the Speaker of the 6 House of Representatives, the President of the Senate, the 7 Minority Leaders of the Senate and House of Representatives, 8 and the Auditor General, on or before 90 days after the close 9 of the fiscal year of the corporation, a report of its 10 activities for the preceding fiscal year, which report shall 11 include a complete financial statement setting forth its 12 assets, liabilities, income, and operating expenses as of the 13 end of such fiscal year. 14 Section 58. Section 288.9610, Florida Statutes, is 15 amended to read: 16 288.9610 Annual reports of Florida Development Finance 17 Corporation.--On or before 90 days after the close of By 18 December 1 of each year, the Florida Development Finance 19 Corporation's fiscal year, the corporation shall submit to the 20 Governor, the Legislature President of the Senate, the Speaker 21 of the House of Representatives, the Senate Minority Leader, 22 the House Minority Leader, the Auditor General, and the 23 governing body of each public entity with which it has entered 24 into an interlocal agreement city or county activating the 25 Florida Development Finance Corporation a complete and 26 detailed report setting forth: 27 (1) The results of any audit conducted pursuant to s. 28 11.45 evaluation required in s. 11.45(3)(j). 29 (2) The activities, operations, and accomplishments of 30 the Florida Development Finance Corporation, including the 31 number of businesses assisted by the corporation. 71 4:34 PM 04/22/05 s2546p-go00-pg2
Florida Senate - 2005 PROPOSED COMMITTEE SUBSTITUTE Bill No. SB 2546 Barcode 741238 585-2246A-05 1 (3) Its assets, and liabilities, income, and operating 2 expenses at the end of its most recent fiscal year, including 3 a description of all of its outstanding revenue bonds. 4 Section 59. Subsection (3) of section 292.04, Florida 5 Statutes, is amended to read: 6 292.04 Florida Commission on Veterans' Affairs.-- 7 (3)(a) It is the duty of the commission to conduct a 8 biennial survey of possible contributions that veterans or 9 state organizations of veterans and their auxiliaries could 10 make to the state and to report the results of the survey to 11 the department together with recommendations for encouraging 12 such contributions. 13 (b) The commission shall work with the various 14 veterans' organizations and their auxiliaries within the state 15 and shall function as a liaison between such organizations and 16 the department on matters pertaining to veterans. 17 Section 60. Subsection (6) of section 292.05, Florida 18 Statutes, is amended to read: 19 292.05 Duties of Department of Veterans' Affairs.-- 20 (6) The department shall, by on December 31 of each 21 year, submit make an annual written report to the Governor, 22 the Cabinet, and the Legislature which shall describe: 23 (a) of the state, the Speaker of the House of 24 Representatives, and the President of the Senate, which report 25 shall show The expenses incurred in veteran service work in 26 the state; the number, nature, and kind of cases handled by 27 the department and by county and city veteran service officers 28 of the state; the amounts of benefits obtained for veterans; 29 the names and addresses of all certified veteran service 30 officers, including county and city veteran service officers. 31 The report shall also describe the actions taken by the 72 4:34 PM 04/22/05 s2546p-go00-pg2
Florida Senate - 2005 PROPOSED COMMITTEE SUBSTITUTE Bill No. SB 2546 Barcode 741238 585-2246A-05 1 department in implementing subsections (4), (5), and (7) and 2 shall contain such other information and recommendations as 3 may appear to the department to be right and proper. 4 (b) The current status of the department's domiciliary 5 and nursing homes established pursuant to chapter 296, 6 including all receipts and expenditures, the condition of the 7 homes, the number of residents received and discharged during 8 the preceding year, occupancy rates, staffing, and any other 9 information necessary to provide an understanding of the 10 management, conduct, and operation of the homes. 11 Section 61. Section 296.16, Florida Statutes, is 12 repealed. 13 Section 62. Section 296.39, Florida Statutes, is 14 repealed. 15 Section 63. Paragraph (c) of subsection (12) of 16 section 315.03, Florida Statutes, is repealed. 17 Section 64. Subsection (2) of section 319.324, Florida 18 Statutes, is amended to read: 19 319.324 Odometer fraud prevention and detection; 20 funding.-- 21 (2) Moneys deposited into the Highway Safety Operating 22 Trust Fund under this section shall be used to implement and 23 maintain efforts by the department to prevent and detect 24 odometer fraud, including the prompt investigation of alleged 25 instances of odometer mileage discrepancies reported by 26 licensed motor vehicle dealers, auctions, or purchasers of 27 motor vehicles. Such moneys shall also be used to fund an 28 annual report to the Legislature by the Department of Highway 29 Safety and Motor Vehicles, summarizing the department's 30 investigations and findings. In addition, moneys deposited 31 into the fund may be used by the department for general 73 4:34 PM 04/22/05 s2546p-go00-pg2
Florida Senate - 2005 PROPOSED COMMITTEE SUBSTITUTE Bill No. SB 2546 Barcode 741238 585-2246A-05 1 operations. 2 Section 65. Section 322.181, Florida Statutes, is 3 amended to read: 4 322.181 Advisory council on the Study of effects of 5 aging on driving ability; advisory council.-- 6 (1) The Department of Highway Safety and Motor 7 Vehicles shall study the effects of aging on driving ability. 8 The purpose of the study is to develop a comprehensive 9 approach to licensing drivers. 10 (2) Issues to be studied by the department shall 11 include the: 12 (a) Effective and efficient identification of drivers 13 at risk of being involved in a motor vehicle accident because 14 of functional limitations that affect their driving ability; 15 (b) Prevalence and effect of degenerative processes 16 affecting vision, hearing, mobility, cognitive functions, and 17 reaction time; 18 (c) Implementation and effect of the department's 19 vision screening requirements and examination of new 20 technologies; 21 (d) Availability and effectiveness of remedial 22 measures such as skills training, adaptive equipment, physical 23 therapy, and adjustment of driving practices that will allow 24 people to drive safely for as long as possible; 25 (e) Availability of alternative forms of 26 transportation for people who can no longer safely drive; and 27 (f) Effectiveness of existing public education 28 initiatives relating to at-risk drivers. 29 (3) The department shall report the results of the 30 study to the President of the Senate and the Speaker of the 31 House of Representatives by February 1, 2004. The report shall 74 4:34 PM 04/22/05 s2546p-go00-pg2
Florida Senate - 2005 PROPOSED COMMITTEE SUBSTITUTE Bill No. SB 2546 Barcode 741238 585-2246A-05 1 include findings of the study and recommendations for 2 improving the safety of at-risk drivers. 3 (4) The department shall appoint an advisory council 4 to participate in the study and to advise the department on 5 issues related to older at-risk drivers on an ongoing basis. 6 The council shall be known as the Florida At-Risk Driver 7 Council. Members of the council shall include representatives 8 of organizations involved with issues facing older drivers 9 including state agencies, medical professionals, senior 10 citizen advocacy groups, providers of services to senior 11 citizens, and research entities. 12 Section 66. Paragraph (c) of subsection (7) of section 13 322.251, Florida Statutes, is repealed. 14 Section 67. Paragraph (d) of subsection (6) of section 15 365.172, Florida Statutes, is repealed. 16 Section 68. Subsection (4) of section 366.82, Florida 17 Statutes, is repealed. 18 Section 69. Subsection (8) of section 370.26, Florida 19 Statutes, is repealed. 20 Section 70. Subsection (2) of section 372.5712, 21 Florida Statutes, is amended to read: 22 372.5712 Florida waterfowl permit revenues.-- 23 (2) The intent of this section is to expand waterfowl 24 research and management and increase waterfowl populations in 25 the state without detracting from other programs. The 26 commission shall prepare and make available on its Internet 27 website an annual report documenting the use of funds 28 generated under the provisions of this section, to be 29 submitted to the Governor, the Speaker of the House of 30 Representatives, and the President of the Senate on or before 31 September 1 of each year. 75 4:34 PM 04/22/05 s2546p-go00-pg2
Florida Senate - 2005 PROPOSED COMMITTEE SUBSTITUTE Bill No. SB 2546 Barcode 741238 585-2246A-05 1 Section 71. Subsection (2) of section 372.5715, 2 Florida Statutes, is amended to read: 3 372.5715 Florida wild turkey permit revenues.-- 4 (2) The intent of this section is to expand wild 5 turkey research and management and to increase wild turkey 6 populations in the state without detracting from other 7 programs. The commission shall prepare and make available on 8 its Internet website an annual report documenting the use of 9 funds generated under the provisions of this section, to be 10 submitted to the Governor, the Speaker of the House of 11 Representatives, and the President of the Senate on or before 12 September 1 of each year. 13 Section 72. Section 372.673, Florida Statutes, is 14 repealed. 15 Section 73. Section 372.674, Florida Statutes, is 16 repealed. 17 Section 74. Section 373.0391, Florida Statutes, is 18 amended to read: 19 373.0391 Technical assistance to local governments.-- 20 (1) The water management districts shall assist local 21 governments in the development and future revision of local 22 government comprehensive plan elements or public facilities 23 report as required by s. 189.415, related to water resource 24 issues. 25 (2) By July 1, 1991, each water management district 26 shall prepare and provide information and data to assist local 27 governments in the preparation and implementation of their 28 local government comprehensive plans or public facilities 29 report as required by s. 189.415, whichever is applicable. 30 Such information and data shall include, but not be limited 31 to: 76 4:34 PM 04/22/05 s2546p-go00-pg2
Florida Senate - 2005 PROPOSED COMMITTEE SUBSTITUTE Bill No. SB 2546 Barcode 741238 585-2246A-05 1 (a) All information and data required in a public 2 facilities report pursuant to s. 189.415. 3 (b) A description of regulations, programs, and 4 schedules implemented by the district. 5 (c) Identification of regulations, programs, and 6 schedules undertaken or proposed by the district to further 7 the State Comprehensive Plan. 8 (d) A description of surface water basins, including 9 regulatory jurisdictions, flood-prone areas, existing and 10 projected water quality in water management district operated 11 facilities, as well as surface water runoff characteristics 12 and topography regarding flood plains, wetlands, and recharge 13 areas. 14 (e) A description of groundwater characteristics, 15 including existing and planned wellfield sites, existing and 16 anticipated cones of influence, highly productive groundwater 17 areas, aquifer recharge areas, deep well injection zones, 18 contaminated areas, an assessment of regional water resource 19 needs and sources for the next 20 years, and water quality. 20 (f) The identification of existing and potential water 21 management district land acquisitions. 22 (g) Information reflecting the minimum flows for 23 surface watercourses to avoid harm to water resources or the 24 ecosystem and information reflecting the minimum water levels 25 for aquifers to avoid harm to water resources or the 26 ecosystem. 27 Section 75. Subsection (4) of section 373.046, Florida 28 Statutes, is amended to read: 29 373.046 Interagency agreements.-- 30 (4) The Legislature recognizes and affirms the 31 division of responsibilities between the department and the 77 4:34 PM 04/22/05 s2546p-go00-pg2
Florida Senate - 2005 PROPOSED COMMITTEE SUBSTITUTE Bill No. SB 2546 Barcode 741238 585-2246A-05 1 water management districts as set forth in ss. III. and X. of 2 each of the operating agreements codified as rules 3 17-101.040(12)(a)3., 4., and 5., Florida Administrative Code. 4 Section IV.A.2.a. of each operating agreement regarding 5 individual permit oversight is rescinded. The department 6 shall be responsible for permitting those activities under 7 part IV of this chapter which, because of their complexity and 8 magnitude, need to be economically and efficiently evaluated 9 at the state level, including, but not limited to, mining, 10 hazardous waste management facilities and solid waste 11 management facilities that do not qualify for a general permit 12 under chapter 403. With regard to postcertification 13 information submittals for activities authorized under 14 chapters 341 and 403 siting act certifications, the 15 department, after consultation with the appropriate water 16 management district and other agencies having applicable 17 regulatory jurisdiction, shall be responsible for determining 18 the permittee's compliance with conditions of certification 19 which were based upon the nonprocedural requirements of part 20 IV of this chapter. The Legislature authorizes the water 21 management districts and the department to modify the division 22 of responsibilities referenced in this section and enter into 23 further interagency agreements by rulemaking, including 24 incorporation by reference, pursuant to chapter 120, to 25 provide for greater efficiency and to avoid duplication in the 26 administration of part IV of this chapter by designating 27 certain activities which will be regulated by either the water 28 management districts or the department. In developing such 29 interagency agreements, the water management districts and the 30 department should take into consideration the technical and 31 fiscal ability of each water management district to implement 78 4:34 PM 04/22/05 s2546p-go00-pg2
Florida Senate - 2005 PROPOSED COMMITTEE SUBSTITUTE Bill No. SB 2546 Barcode 741238 585-2246A-05 1 all or some of the provisions of part IV of this chapter. 2 Nothing herein rescinds or restricts the authority of the 3 districts to regulate silviculture and agriculture pursuant to 4 part IV of this chapter or s. 403.927. By December 10, 1993, 5 the secretary of the department shall submit a report to the 6 President of the Senate and the Speaker of the House of 7 Representatives regarding the efficiency of the procedures and 8 the division of responsibilities contemplated by this 9 subsection and regarding progress toward the execution of 10 further interagency agreements and the integration of 11 permitting with sovereignty lands approval. The report also 12 will consider the feasibility of improving the protection of 13 the environment through comprehensive criteria for protection 14 of natural systems. 15 Section 76. Paragraph (f) of subsection (1) of section 16 373.1963, Florida Statutes, is amended to read: 17 373.1963 Assistance to West Coast Regional Water 18 Supply Authority.-- 19 (1) It is the intent of the Legislature to authorize 20 the implementation of changes in governance recommended by the 21 West Coast Regional Water Supply Authority in its reports to 22 the Legislature dated February 1, 1997, and January 5, 1998. 23 The authority and its member governments may reconstitute the 24 authority's governance and rename the authority under a 25 voluntary interlocal agreement with a term of not less than 20 26 years. The interlocal agreement must comply with this 27 subsection as follows: 28 (f) Upon execution of the voluntary interlocal 29 agreement provided for herein, the authority shall jointly 30 develop with the Southwest Florida Water Management District 31 alternative sources of potable water and transmission 79 4:34 PM 04/22/05 s2546p-go00-pg2
Florida Senate - 2005 PROPOSED COMMITTEE SUBSTITUTE Bill No. SB 2546 Barcode 741238 585-2246A-05 1 pipelines to interconnect regionally significant water supply 2 sources and facilities of the authority in amounts sufficient 3 to meet the needs of all member governments for a period of at 4 least 20 years and for natural systems. Nothing herein, 5 however, shall preclude the authority and its member 6 governments from developing traditional water sources pursuant 7 to the voluntary interlocal agreement. Development and 8 construction costs for alternative source facilities, which 9 may include a desalination facility and significant regional 10 interconnects, must be borne as mutually agreed to by both the 11 authority and the Southwest Florida Water Management District. 12 Nothing herein shall preclude authority or district cost 13 sharing with private entities for the construction or 14 ownership of alternative source facilities. By December 31, 15 1997, the authority and the Southwest Florida Water Management 16 District shall: 17 1. Enter into a mutually acceptable agreement 18 detailing the development and implementation of directives 19 contained in this paragraph; or 20 2. Jointly prepare and submit to the President of the 21 Senate and the Speaker of the House of Representatives a 22 report describing the progress made and impediments 23 encountered in their attempts to implement the water resource 24 development and water supply development directives contained 25 in this paragraph. 26 27 Nothing in this section shall be construed to modify the 28 rights or responsibilities of the authority or its member 29 governments, except as otherwise provided herein, or of the 30 Southwest Florida Water Management District or the department 31 pursuant to this chapter or chapter 403 and as otherwise set 80 4:34 PM 04/22/05 s2546p-go00-pg2
Florida Senate - 2005 PROPOSED COMMITTEE SUBSTITUTE Bill No. SB 2546 Barcode 741238 585-2246A-05 1 forth by statutes. 2 Section 77. Subsection (14) of section 376.121, 3 Florida Statutes, is repealed. 4 Section 78. Section 376.17, Florida Statutes, is 5 repealed. 6 Section 79. Subsection (5) of section 376.30713, 7 Florida Statutes, is repealed. 8 Section 80. Paragraph (f) of subsection (3) of section 9 377.703, Florida Statutes, is amended to read: 10 377.703 Additional functions of the Department of 11 Environmental Protection; energy emergency contingency plan; 12 federal and state conservation programs.-- 13 (3) DEPARTMENT OF ENVIRONMENTAL PROTECTION; 14 DUTIES.--The Department of Environmental Protection shall, in 15 addition to assuming the duties and responsibilities provided 16 by ss. 20.255 and 377.701, perform the following functions 17 consistent with the development of a state energy policy: 18 (f) The department shall make a report, as requested 19 by the Governor or the Legislature, reflecting its activities 20 and making recommendations of policies for improvement of the 21 state's response to energy supply and demand and its effect on 22 the health, safety, and welfare of the people of Florida. The 23 report shall include a report from the Florida Public Service 24 Commission on electricity and natural gas and information on 25 energy conservation programs conducted and under way in the 26 past year and shall include recommendations for energy 27 conservation programs for the state, including, but not 28 limited to, the following factors: 29 1. Formulation of specific recommendations for 30 improvement in the efficiency of energy utilization in 31 governmental, residential, commercial, industrial, and 81 4:34 PM 04/22/05 s2546p-go00-pg2
Florida Senate - 2005 PROPOSED COMMITTEE SUBSTITUTE Bill No. SB 2546 Barcode 741238 585-2246A-05 1 transportation sectors. 2 2. Collection and dissemination of information 3 relating to energy conservation. 4 3. Development and conduct of educational and training 5 programs relating to energy conservation. 6 4. An analysis of the ways in which state agencies are 7 seeking to implement s. 377.601(4), the state energy policy, 8 and recommendations for better fulfilling this policy. 9 Section 81. Paragraph (a) of subsection (2) of section 10 380.06, Florida Statutes, is amended to read: 11 380.06 Developments of regional impact.-- 12 (2) STATEWIDE GUIDELINES AND STANDARDS.-- 13 (a) The state land planning agency shall recommend to 14 the Administration Commission specific statewide guidelines 15 and standards for adoption pursuant to this subsection. The 16 Administration Commission shall by rule adopt statewide 17 guidelines and standards to be used in determining whether 18 particular developments shall undergo 19 development-of-regional-impact review. The statewide 20 guidelines and standards previously adopted by the 21 Administration Commission and approved by the Legislature 22 shall remain in effect unless revised pursuant to this section 23 or superseded by other provisions of law. Revisions to the 24 present statewide guidelines and standards, after adoption by 25 the Administration Commission, shall be transmitted on or 26 before March 1 to the President of the Senate and the Speaker 27 of the House of Representatives for presentation at the next 28 regular session of the Legislature. Unless approved by law by 29 the Legislature, the revisions to the present guidelines and 30 standards shall not become effective. 31 Section 82. Subsection (3) of section 381.0011, 82 4:34 PM 04/22/05 s2546p-go00-pg2
Florida Senate - 2005 PROPOSED COMMITTEE SUBSTITUTE Bill No. SB 2546 Barcode 741238 585-2246A-05 1 Florida Statutes, is repealed. 2 Section 83. Section 381.0036, Florida Statutes, is 3 repealed. 4 Section 84. Section 381.731, Florida Statutes, is 5 repealed. 6 Section 85. Section 381.795, Florida Statutes, is 7 amended to read: 8 381.795 Long-term community-based supports.--The 9 department shall, contingent upon specific appropriations for 10 these purposes, establish: 11 (1) Study the long-term needs for community-based 12 supports and services for individuals who have sustained 13 traumatic brain or spinal cord injuries. The purpose of this 14 study is to prevent inappropriate residential and 15 institutional placement of these individuals, and promote 16 placement in the most cost effective and least restrictive 17 environment. Any placement recommendations for these 18 individuals shall ensure full utilization of and collaboration 19 with other state agencies, programs, and community partners. 20 This study shall be submitted to the Governor, the President 21 of the Senate, and the Speaker of the House of Representatives 22 not later than December 31, 2000. 23 (2) Based upon the results of this study, establish a 24 plan for the implementation of a program of long-term 25 community-based supports and services for individuals who have 26 sustained traumatic brain or spinal cord injuries who may be 27 subject to inappropriate residential and institutional 28 placement as a direct result of such injuries. 29 (1)(a) The program shall be payor of last resort for 30 program services, and expenditures for such services shall be 31 considered funded services for purposes of s. 381.785; 83 4:34 PM 04/22/05 s2546p-go00-pg2
Florida Senate - 2005 PROPOSED COMMITTEE SUBSTITUTE Bill No. SB 2546 Barcode 741238 585-2246A-05 1 however, notwithstanding s. 381.79(5), proceeds resulting from 2 this subsection shall be used solely for this program. 3 (2)(b) The department shall create, by rule, 4 procedures to ensure, that in the event the program is unable 5 to directly or indirectly provide such services to all 6 eligible individuals due to lack of funds, those individuals 7 most at risk to suffer the greatest harm from an imminent 8 inappropriate residential or institutional placement are 9 served first. 10 (3)(c) Every applicant or recipient of the long-term 11 community-based supports and services program shall have been 12 a resident of the state for 1 year immediately preceding 13 application and be a resident of the state at the time of 14 application. 15 (4)(d) The department shall adopt rules pursuant to 16 ss. 120.536(1) and 120.54 to implement the provision of this 17 section subsection. 18 Section 86. Paragraph (a) of subsection (7) of section 19 381.90, Florida Statutes, is repealed. 20 Section 87. Subsection (4) of section 394.4573, 21 Florida Statutes, is repealed. 22 Section 88. Subsection (1) of section 394.4985, 23 Florida Statutes, is amended to read: 24 394.4985 Districtwide information and referral 25 network; implementation.-- 26 (1) Each service district of the Department of 27 Children and Family Services shall develop a detailed 28 implementation plan for a districtwide comprehensive child and 29 adolescent mental health information and referral network to 30 be operational by July 1, 1999. The plan must include an 31 operating budget that demonstrates cost efficiencies and 84 4:34 PM 04/22/05 s2546p-go00-pg2
Florida Senate - 2005 PROPOSED COMMITTEE SUBSTITUTE Bill No. SB 2546 Barcode 741238 585-2246A-05 1 identifies funding sources for the district information and 2 referral network. The plan must be submitted by the department 3 to the Legislature by October 1, 1998. The district shall use 4 existing district information and referral providers if, in 5 the development of the plan, it is concluded that these 6 providers would deliver information and referral services in a 7 more efficient and effective manner when compared to other 8 alternatives. The district information and referral network 9 must include: 10 (a) A resource file that contains information about 11 the child and adolescent mental health services as described 12 in s. 394.495, including, but not limited to: 13 1. Type of program; 14 2. Hours of service; 15 3. Ages of persons served; 16 4. Program description; 17 5. Eligibility requirements; and 18 6. Fees. 19 (b) Information about private providers and 20 professionals in the community which serve children and 21 adolescents with an emotional disturbance. 22 (c) A system to document requests for services that 23 are received through the network referral process, including, 24 but not limited to: 25 1. Number of calls by type of service requested; 26 2. Ages of the children and adolescents for whom 27 services are requested; and 28 3. Type of referral made by the network. 29 (d) The ability to share client information with the 30 appropriate community agencies. 31 (e) The submission of an annual report to the 85 4:34 PM 04/22/05 s2546p-go00-pg2
Florida Senate - 2005 PROPOSED COMMITTEE SUBSTITUTE Bill No. SB 2546 Barcode 741238 585-2246A-05 1 department, the Agency for Health Care Administration, and 2 appropriate local government entities, which contains 3 information about the sources and frequency of requests for 4 information, types and frequency of services requested, and 5 types and frequency of referrals made. 6 Section 89. Section 394.75, Florida Statutes, is 7 amended to read: 8 394.75 State and district substance abuse and mental 9 health plans.-- 10 (1)(a) Every 3 years, beginning in 2001, The 11 department, in consultation with the Medicaid program in the 12 Agency for Health Care Administration and the Florida 13 Substance Abuse and Mental Health Corporation, shall prepare a 14 state master plan for the delivery and financing of a system 15 of publicly funded, community-based substance abuse and mental 16 health services throughout the state. The state plan must 17 include: 18 (b) The initial plan must include an assessment of the 19 clinical practice guidelines and standards for community-based 20 mental health and substance abuse services delivered by 21 persons or agencies under contract with the Department of 22 Children and Family Services. The assessment must include an 23 inventory of current clinical guidelines and standards used by 24 persons and agencies under contract with the department, and 25 by nationally recognized accreditation organizations, to 26 address the quality of care and must specify additional 27 clinical practice standards and guidelines for new or existing 28 services and programs. 29 (a)(c) Proposed The plan must propose changes in 30 department policy or statutory revisions to strengthen the 31 quality of mental health and substance abuse treatment and 86 4:34 PM 04/22/05 s2546p-go00-pg2
Florida Senate - 2005 PROPOSED COMMITTEE SUBSTITUTE Bill No. SB 2546 Barcode 741238 585-2246A-05 1 support services. 2 (b)(d) The plan must identify Strategies for meeting 3 the treatment and support needs of children, adolescents, 4 adults, and older adults who have, or are at risk of having, 5 mental, emotional, or substance abuse problems as defined in 6 this chapter or chapter 397. 7 (c)(e) The plan must include Input from persons who 8 represent local communities; local government entities that 9 contribute funds to the local substance abuse and mental 10 health treatment systems; consumers of publicly funded 11 substance abuse and mental health services, and their 12 families; and stakeholders interested in mental health and 13 substance abuse services. The plan must describe the means by 14 which this local input occurred. The plan shall be updated 15 annually. 16 (f) The plan must include statewide policies and 17 planning parameters that will be used by the health and human 18 services boards in preparing the district substance abuse and 19 mental health plans. 20 (g) The district plans shall be one component of the 21 state master plan. 22 (2) The state master plan shall also include: 23 (a) A proposal for the development of a data system 24 that will evaluate the effectiveness of programs and services 25 provided to clients of the substance abuse and mental health 26 service system. 27 (b) A proposal to resolve the funding discrepancies 28 between districts. 29 (d)(c) A methodology for the allocation of resources 30 available from federal, state, and local sources and a 31 description of the current level of funding available from 87 4:34 PM 04/22/05 s2546p-go00-pg2
Florida Senate - 2005 PROPOSED COMMITTEE SUBSTITUTE Bill No. SB 2546 Barcode 741238 585-2246A-05 1 each source. 2 (e)(d) A description of the statewide priorities for 3 clients and services, and each district's priorities for 4 clients and services. 5 (e) Recommendations for methods of enhancing local 6 participation in the planning, organization, and financing of 7 substance abuse and mental health services. 8 (f) A description of the current methods of 9 contracting for services, an assessment of the efficiency of 10 these methods in providing accountability for contracted 11 funds, and recommendations for improvements to the system of 12 contracting. 13 (f)(g) Recommendations for improving access to 14 services by clients and their families. 15 (h) Guidelines and formats for the development of 16 district plans. 17 (g)(i) Recommendations for future directions for the 18 substance abuse and mental health service delivery system. 19 (2) A schedule, format, and procedure for development, 20 and review, and update of the state master plan shall be 21 adopted by the department by June of each year. The plan and 22 annual updates shall must be submitted to the Governor and the 23 Legislature beginning February 10, 2006, and every 3rd year 24 thereafter President of the Senate and the Speaker of the 25 House of Representatives by January 1 of each year, beginning 26 January 1, 2001. 27 (3) Each The district health and human services board 28 shall prepare an integrated district substance abuse and 29 mental health plan. The plan shall be prepared and updated on 30 a schedule established by the Assistant Secretary for 31 Substance Abuse Alcohol, Drug Abuse, and Mental Health Program 88 4:34 PM 04/22/05 s2546p-go00-pg2
Florida Senate - 2005 PROPOSED COMMITTEE SUBSTITUTE Bill No. SB 2546 Barcode 741238 585-2246A-05 1 Office. The plan shall reflect the needs and program 2 priorities established by the department and the needs of the 3 district established under ss. 394.674 and 394.675. The 4 district plan must list in order of priority the mental health 5 and the substance abuse treatment needs of the district and 6 must rank each program separately. The plan shall include: 7 (a) A record of the total amount of money available in 8 the district for mental health and substance abuse services. 9 (b) A description of each service that will be 10 purchased with state funds. 11 (c) A record of the amount of money allocated for each 12 service identified in the plan as being purchased with state 13 funds. 14 (d) A record of the total funds allocated to each 15 provider. 16 (e) A record of the total funds allocated to each 17 provider by type of service to be purchased with state funds. 18 (a)(f) Input from community-based persons, 19 organizations, and agencies interested in substance abuse and 20 mental health treatment services; local government entities 21 that contribute funds to the public substance abuse and mental 22 health treatment systems; and consumers of publicly funded 23 substance abuse and mental health services, and their family 24 members. The plan must describe the means by which this local 25 input occurred. 26 27 The plan shall be submitted by the district board to the 28 district administrator and to the governing bodies for review, 29 comment, and approval. 30 (4) The district plan shall: 31 (a) Describe the publicly funded, community-based 89 4:34 PM 04/22/05 s2546p-go00-pg2
Florida Senate - 2005 PROPOSED COMMITTEE SUBSTITUTE Bill No. SB 2546 Barcode 741238 585-2246A-05 1 substance abuse and mental health system of care, and identify 2 statutorily defined populations, their service needs, and the 3 resources available and required to meet their needs. 4 (b) Provide the means for meeting the needs of the 5 district's eligible clients, specified in ss. 394.674 and 6 394.675, for substance abuse and mental health services. 7 (b)(c) Provide a process for coordinating the delivery 8 of services within a community-based system of care to 9 eligible clients. Such process must involve service providers, 10 clients, and other stakeholders. The process must also provide 11 a means by which providers will coordinate and cooperate to 12 strengthen linkages, achieve maximum integration of services, 13 foster efficiencies in service delivery and administration, 14 and designate responsibility for outcomes for eligible 15 clients. 16 (c)(d) Provide a projection of district program and 17 fiscal needs for the next fiscal year, provide for the orderly 18 and economical development of needed services, and indicate 19 priorities and resources for each population served, 20 performance outcomes, and anticipated expenditures and 21 revenues. 22 (e) Include a summary budget request for the total 23 district substance abuse and mental health program, which must 24 include the funding priorities established by the district 25 planning process. 26 (f) Provide a basis for the district legislative 27 budget request. 28 (g) Include a policy and procedure for allocation of 29 funds. 30 (h) Include a procedure for securing local matching 31 funds. Such a procedure shall be developed in consultation 90 4:34 PM 04/22/05 s2546p-go00-pg2
Florida Senate - 2005 PROPOSED COMMITTEE SUBSTITUTE Bill No. SB 2546 Barcode 741238 585-2246A-05 1 with governing bodies and service providers. 2 (d)(i) Provide for the integration of substance abuse 3 and mental health services with the other departmental 4 programs and with the criminal justice, juvenile justice, 5 child protection, school, and health care systems within the 6 district. 7 (j) Provide a plan for the coordination of services in 8 such manner as to ensure effectiveness and avoid duplication, 9 fragmentation of services, and unnecessary expenditures. 10 (e)(k) Provide for continuity of client care between 11 state treatment facilities and community programs to assure 12 that discharge planning results in the rapid application for 13 all benefits for which a client is eligible, including 14 Medicaid coverage for persons leaving state treatment 15 facilities and returning to community-based programs. 16 (l) Provide for the most appropriate and economical 17 use of all existing public and private agencies and personnel. 18 (m) Provide for the fullest possible and most 19 appropriate participation by existing programs; state 20 hospitals and other hospitals; city, county, and state health 21 and family service agencies; drug abuse and alcoholism 22 programs; probation departments; physicians; psychologists; 23 social workers; marriage and family therapists; mental health 24 counselors; clinical social workers; public health nurses; 25 school systems; and all other public and private agencies and 26 personnel that are required to, or may agree to, participate 27 in the plan. 28 (n) Include an inventory of all public and private 29 substance abuse and mental health resources within the 30 district, including consumer advocacy groups and self-help 31 groups known to the department. 91 4:34 PM 04/22/05 s2546p-go00-pg2
Florida Senate - 2005 PROPOSED COMMITTEE SUBSTITUTE Bill No. SB 2546 Barcode 741238 585-2246A-05 1 (4)(5) The district plan shall address how substance 2 abuse and mental health services will be provided and how a 3 system of care for target populations will be provided given 4 the resources available in the service district. The plan must 5 include provisions for providing the most appropriate and 6 current evidence-based services for persons with substance 7 abuse disorders and mental illnesses in a variety of settings 8 maximizing client access to the most recently developed 9 psychiatric medications approved by the United States Food and 10 Drug Administration, for developing independent housing units 11 through participation in the Section 811 program operated by 12 the United States Department of Housing and Urban Development, 13 for developing supported employment services through the 14 Division of Vocational Rehabilitation of the Department of 15 Education, for providing treatment services to persons with 16 co-occurring mental illness and substance abuse problems which 17 are integrated across treatment systems, and for providing 18 services to adults who have a serious mental illness, as 19 defined in s. 394.67, and who reside in assisted living 20 facilities. 21 (6) The district plan shall provide the means by which 22 the needs of the population groups specified pursuant to s. 23 394.674 will be addressed in the district. 24 (7) In developing the district plan, optimum use shall 25 be made of any federal, state, and local funds that may be 26 available for substance abuse and mental health service 27 planning. However, the department must provide these services 28 within legislative appropriations. 29 (8) The district health and human services board shall 30 establish a subcommittee to prepare the portion of the 31 district plan relating to children and adolescents. The 92 4:34 PM 04/22/05 s2546p-go00-pg2
Florida Senate - 2005 PROPOSED COMMITTEE SUBSTITUTE Bill No. SB 2546 Barcode 741238 585-2246A-05 1 subcommittee shall include representative membership of any 2 committee organized or established by the district to review 3 placement of children and adolescents in residential treatment 4 programs. The board shall establish a subcommittee to prepare 5 the portion of the district plan which relates to adult mental 6 health and substance abuse. The subcommittee must include 7 representatives from the community who have an interest in 8 mental health and substance abuse treatment for adults. 9 (5)(9) All departments of state government and all 10 local public agencies shall cooperate with officials to assist 11 them in service planning. Each district administrator shall, 12 upon request and the availability of staff, provide 13 consultative services to the local agency directors and 14 governing bodies. 15 (10) The district administrator shall ensure that the 16 district plan: 17 (a) Conforms to the priorities in the state plan, the 18 requirements of this part, and the standards adopted under 19 this part; 20 (b) Ensures that the most effective and economical use 21 will be made of available public and private substance abuse 22 and mental health resources in the service district; and 23 (c) Has adequate provisions made for review and 24 evaluation of the services provided in the service district. 25 (11) The district administrator shall require such 26 modifications in the district plan as he or she deems 27 necessary to bring the plan into conformance with the 28 provisions of this part. If the district board and the 29 district administrator cannot agree on the plan, including the 30 projected budget, the issues under dispute shall be submitted 31 directly to the secretary of the department for immediate 93 4:34 PM 04/22/05 s2546p-go00-pg2
Florida Senate - 2005 PROPOSED COMMITTEE SUBSTITUTE Bill No. SB 2546 Barcode 741238 585-2246A-05 1 resolution. 2 (12) Each governing body that provides local funds has 3 the authority to require necessary modification to only that 4 portion of the district plan which affects substance abuse and 5 mental health programs and services within the jurisdiction of 6 that governing body. 7 (13) The district administrator shall report annually 8 to the district board the status of funding for priorities 9 established in the district plan. Each report must include: 10 (a) A description of the district plan priorities that 11 were included in the district legislative budget request. 12 (b) A description of the district plan priorities that 13 were included in the departmental budget request. 14 (c) A description of the programs and services 15 included in the district plan priorities that were 16 appropriated funds by the Legislature in the legislative 17 session that preceded the report. 18 Section 90. Section 394.82, Florida Statutes, is 19 repealed. 20 Section 91. Paragraph (a) of subsection (4), paragraph 21 (h) of subsection (7), and subsection (8) of section 394.9082, 22 Florida Statutes, are amended to read: 23 394.9082 Behavioral health service delivery 24 strategies.-- 25 (4) CONTRACT FOR SERVICES.-- 26 (a) The Department of Children and Family Services and 27 the Agency for Health Care Administration may contract for the 28 provision or management of behavioral health services with a 29 managing entity in at least two geographic areas. Both the 30 Department of Children and Family Services and the Agency for 31 Health Care Administration must contract with the same 94 4:34 PM 04/22/05 s2546p-go00-pg2
Florida Senate - 2005 PROPOSED COMMITTEE SUBSTITUTE Bill No. SB 2546 Barcode 741238 585-2246A-05 1 managing entity in any distinct geographic area where the 2 strategy operates. This managing entity shall be accountable 3 at a minimum for the delivery of behavioral health services 4 specified and funded by the department and the agency. The 5 geographic area must be of sufficient size in population and 6 have enough public funds for behavioral health services to 7 allow for flexibility and maximum efficiency. Notwithstanding 8 the provisions of s. 409.912(4)(b)1., At least one service 9 delivery strategy must be in one of the service districts in 10 the catchment area of G. Pierce Wood Memorial Hospital. 11 (7) ESSENTIAL ELEMENTS.-- 12 (h)1. The Department of Children and Family Services, 13 in consultation with the Agency for Health Care 14 Administration, shall prepare an amendment by October 31, 15 2001, to the 2001 master state plan required under s. 16 394.75(1), which describes each service delivery strategy, 17 including at least the following details: 18 a. Operational design; 19 b. Counties or service districts included in each 20 strategy; 21 c. Expected outcomes; and 22 d. Timeframes. 23 2. The amendment shall specifically address the 24 application of each service delivery strategy to substance 25 abuse services, including: 26 a. The development of substance abuse service 27 protocols; 28 b. Credentialing requirements for substance abuse 29 services; and 30 c. The development of new service models for 31 individuals with co-occurring mental health and substance 95 4:34 PM 04/22/05 s2546p-go00-pg2
Florida Senate - 2005 PROPOSED COMMITTEE SUBSTITUTE Bill No. SB 2546 Barcode 741238 585-2246A-05 1 abuse disorders. 2 3. The amendment must specifically address the 3 application of each service delivery strategy to the child 4 welfare system, including: 5 a. The development of service models that support 6 working with both children and their families in a 7 community-based care system and that are specific to the child 8 welfare system. 9 b. A process for providing services to abused and 10 neglected children and their families as indicated in 11 court-ordered case plans. 12 (8) EXPANSION IN DISTRICTS 4 AND 12.--The department 13 shall work with community agencies to establish a single 14 managing entity for districts 4 and 12 accountable for the 15 delivery of substance abuse services to child protective 16 services recipients in the two districts. The purpose of this 17 strategy is to enhance the coordination of substance abuse 18 services with community-based care agencies and the 19 department. The department shall work with affected 20 stakeholders to develop and implement a plan that allows the 21 phase-in of services beginning with the delivery of substance 22 abuse services, with phase-in of subsequent substance abuse 23 services agreed upon by the managing entity and authorized by 24 the department, providing the necessary technical assistance 25 to assure provider and district readiness for implementation. 26 When a single managing entity is established and meets 27 readiness requirements, the department may enter into a 28 noncompetitive contract with the entity. The department shall 29 maintain detailed information on the methodology used for 30 selection and a justification for the selection. Performance 31 objectives shall be developed which ensure that services that 96 4:34 PM 04/22/05 s2546p-go00-pg2
Florida Senate - 2005 PROPOSED COMMITTEE SUBSTITUTE Bill No. SB 2546 Barcode 741238 585-2246A-05 1 are delivered directly affect and complement the child's 2 permanency plan. During the initial planning and 3 implementation phase of this project, the requirements in 4 subsections (6) and (7) are waived. Considering the critical 5 substance abuse problems experienced by many families in the 6 child protection system, the department shall initiate the 7 implementation of the substance abuse delivery component of 8 this program without delay and furnish status reports to the 9 appropriate substantive committees of the Senate and the House 10 of Representatives no later than February 29, 2004, and 11 February 28, 2005. The integration of all services agreed upon 12 by the managing entity and authorized by the department must 13 be completed within 2 years after project initiation. Ongoing 14 monitoring and evaluation of this strategy shall be conducted 15 in accordance with subsection (9). 16 Section 92. Section 394.9083, Florida Statutes, is 17 repealed. 18 Section 93. Subsections (1) and (20) of section 19 397.321, Florida Statutes, are repealed. 20 Section 94. Subsection (4) of section 397.333, Florida 21 Statutes, is amended to read: 22 397.333 Statewide Drug Policy Advisory Council.-- 23 (4)(a) The chairperson of the advisory council shall 24 appoint workgroups that include members of state agencies that 25 are not represented on the advisory council and shall solicit 26 input and recommendations from those state agencies. In 27 addition, the chairperson may appoint workgroups as necessary 28 from among the members of the advisory council in order to 29 efficiently address specific issues. A representative of a 30 state agency appointed to any workgroup shall be the head of 31 the agency, or his or her designee. The chairperson may 97 4:34 PM 04/22/05 s2546p-go00-pg2
Florida Senate - 2005 PROPOSED COMMITTEE SUBSTITUTE Bill No. SB 2546 Barcode 741238 585-2246A-05 1 designate lead and contributing agencies within a workgroup. 2 (b) The advisory council shall submit a report to the 3 Governor, the President of the Senate, and the Speaker of the 4 House of Representatives by December 1 of each year which 5 contains a summary of the work of the council during that year 6 and the recommendations required under subsection (3). Interim 7 reports may be submitted at the discretion of the chairperson 8 of the advisory council. 9 Section 95. Subsection (1) of section 397.94, Florida 10 Statutes, is repealed. 11 Section 96. Paragraph (f) of subsection (2) of section 12 400.0067, Florida Statutes, is amended to read: 13 400.0067 State Long-Term Care Ombudsman Council; 14 duties; membership.-- 15 (2) The State Long-Term Care Ombudsman Council shall: 16 (f) Prepare an annual report describing the activities 17 carried out by the ombudsman, and the State Long-Term Care 18 Ombudsman Council, and the local councils in the year for 19 which the report is prepared. The State Long-Term Care 20 Ombudsman Council shall submit the report to the Secretary of 21 Elderly Affairs. The secretary shall in turn submit the report 22 to the Commissioner of the United States Administration on 23 Aging, the Governor, the Legislature President of the Senate, 24 the Speaker of the House of Representatives, the minority 25 leaders of the House and Senate, the chairpersons of 26 appropriate House and Senate committees, the Secretary of 27 Children and Family Services, and the Secretary of Health Care 28 Administration. The report shall be submitted by the 29 Secretary of Elderly Affairs at least 30 days before the 30 convening of the regular session of the Legislature and shall, 31 at a minimum: 98 4:34 PM 04/22/05 s2546p-go00-pg2
Florida Senate - 2005 PROPOSED COMMITTEE SUBSTITUTE Bill No. SB 2546 Barcode 741238 585-2246A-05 1 1. Contain and analyze data collected concerning 2 complaints about and conditions in long-term care facilities 3 and the disposition of those complaints. 4 2. Evaluate the problems experienced by residents of 5 long-term care facilities. 6 3. Contain recommendations for improving the quality 7 of life of the residents and for protecting the health, 8 safety, welfare, and rights of the residents. 9 4. Analyze the success of the ombudsman program during 10 the preceding year and identify the barriers that prevent the 11 optimal operation of the program. The report of the program's 12 successes shall also include address the relationship between 13 the state long-term care ombudsman program, the Department of 14 Elderly Affairs, the Agency for Health Care Administration, 15 and the Department of Children and Family Services, and an 16 assessment of how successfully the state long-term care 17 ombudsman program has carried out its responsibilities under 18 the Older Americans Act. 19 5. Provide policy and regulatory and legislative 20 recommendations to solve identified problems; resolve 21 residents' complaints; improve the quality of care and life of 22 the residents; protect the health, safety, welfare, and rights 23 of the residents; and remove the barriers to the optimal 24 operation of the state long-term care ombudsman program. 25 6. Contain recommendations from the local ombudsman 26 councils regarding program functions and activities. 27 7. Include a report on the activities of the legal 28 advocate and other legal advocates acting on behalf of the 29 local and state councils. 30 Section 97. Subsection (3) of section 400.0075, 31 Florida Statutes, is repealed. 99 4:34 PM 04/22/05 s2546p-go00-pg2
Florida Senate - 2005 PROPOSED COMMITTEE SUBSTITUTE Bill No. SB 2546 Barcode 741238 585-2246A-05 1 Section 98. Section 400.0089, Florida Statutes, is 2 amended to read: 3 400.0089 Complaint Agency reports.--The Office of 4 State Long-Term Care Ombudsman Department of Elderly Affairs 5 shall maintain a statewide uniform reporting system to collect 6 and analyze data relating to complaints and conditions in 7 long-term care facilities and to residents, for the purpose of 8 identifying and resolving significant problems. The department 9 and the State Long-Term Care Ombudsman Council shall submit 10 such data as part of its annual report required pursuant to s. 11 400.0067(2)(f) to the Agency for Health Care Administration, 12 the Department of Children and Family Services, the Florida 13 Statewide Advocacy Council, the Advocacy Center for Persons 14 with Disabilities, the Commissioner for the United States 15 Administration on Aging, the National Ombudsman Resource 16 Center, and any other state or federal entities that the 17 ombudsman determines appropriate. The office State Long-Term 18 Care Ombudsman Council shall publish quarterly and make 19 readily available information pertaining to the number and 20 types of complaints received by the long-term care ombudsman 21 program and shall include such information in the annual 22 report required under s. 400.0067. 23 Section 99. Subsection (2) of section 400.148, Florida 24 Statutes, is repealed. 25 Section 100. Paragraph (b) of subsection (3) of 26 section 400.407, Florida Statutes, is amended to read: 27 400.407 License required; fee, display.-- 28 (3) Any license granted by the agency must state the 29 maximum resident capacity of the facility, the type of care 30 for which the license is granted, the date the license is 31 issued, the expiration date of the license, and any other 100 4:34 PM 04/22/05 s2546p-go00-pg2
Florida Senate - 2005 PROPOSED COMMITTEE SUBSTITUTE Bill No. SB 2546 Barcode 741238 585-2246A-05 1 information deemed necessary by the agency. Licenses shall be 2 issued for one or more of the following categories of care: 3 standard, extended congregate care, limited nursing services, 4 or limited mental health. 5 (b) An extended congregate care license shall be 6 issued to facilities providing, directly or through contract, 7 services beyond those authorized in paragraph (a), including 8 acts performed pursuant to part I of chapter 464 by persons 9 licensed thereunder, and supportive services defined by rule 10 to persons who otherwise would be disqualified from continued 11 residence in a facility licensed under this part. 12 1. In order for extended congregate care services to 13 be provided in a facility licensed under this part, the agency 14 must first determine that all requirements established in law 15 and rule are met and must specifically designate, on the 16 facility's license, that such services may be provided and 17 whether the designation applies to all or part of a facility. 18 Such designation may be made at the time of initial licensure 19 or relicensure, or upon request in writing by a licensee under 20 this part. Notification of approval or denial of such request 21 shall be made within 90 days after receipt of such request and 22 all necessary documentation. Existing facilities qualifying to 23 provide extended congregate care services must have maintained 24 a standard license and may not have been subject to 25 administrative sanctions during the previous 2 years, or since 26 initial licensure if the facility has been licensed for less 27 than 2 years, for any of the following reasons: 28 a. A class I or class II violation; 29 b. Three or more repeat or recurring class III 30 violations of identical or similar resident care standards as 31 specified in rule from which a pattern of noncompliance is 101 4:34 PM 04/22/05 s2546p-go00-pg2
Florida Senate - 2005 PROPOSED COMMITTEE SUBSTITUTE Bill No. SB 2546 Barcode 741238 585-2246A-05 1 found by the agency; 2 c. Three or more class III violations that were not 3 corrected in accordance with the corrective action plan 4 approved by the agency; 5 d. Violation of resident care standards resulting in a 6 requirement to employ the services of a consultant pharmacist 7 or consultant dietitian; 8 e. Denial, suspension, or revocation of a license for 9 another facility under this part in which the applicant for an 10 extended congregate care license has at least 25 percent 11 ownership interest; or 12 f. Imposition of a moratorium on admissions or 13 initiation of injunctive proceedings. 14 2. Facilities that are licensed to provide extended 15 congregate care services shall maintain a written progress 16 report on each person who receives such services, which report 17 describes the type, amount, duration, scope, and outcome of 18 services that are rendered and the general status of the 19 resident's health. A registered nurse, or appropriate 20 designee, representing the agency shall visit such facilities 21 at least quarterly to monitor residents who are receiving 22 extended congregate care services and to determine if the 23 facility is in compliance with this part and with rules that 24 relate to extended congregate care. One of these visits may be 25 in conjunction with the regular survey. The monitoring visits 26 may be provided through contractual arrangements with 27 appropriate community agencies. A registered nurse shall 28 serve as part of the team that inspects such facility. The 29 agency may waive one of the required yearly monitoring visits 30 for a facility that has been licensed for at least 24 months 31 to provide extended congregate care services, if, during the 102 4:34 PM 04/22/05 s2546p-go00-pg2
Florida Senate - 2005 PROPOSED COMMITTEE SUBSTITUTE Bill No. SB 2546 Barcode 741238 585-2246A-05 1 inspection, the registered nurse determines that extended 2 congregate care services are being provided appropriately, and 3 if the facility has no class I or class II violations and no 4 uncorrected class III violations. Before such decision is 5 made, the agency shall consult with the long-term care 6 ombudsman council for the area in which the facility is 7 located to determine if any complaints have been made and 8 substantiated about the quality of services or care. The 9 agency may not waive one of the required yearly monitoring 10 visits if complaints have been made and substantiated. 11 3. Facilities that are licensed to provide extended 12 congregate care services shall: 13 a. Demonstrate the capability to meet unanticipated 14 resident service needs. 15 b. Offer a physical environment that promotes a 16 homelike setting, provides for resident privacy, promotes 17 resident independence, and allows sufficient congregate space 18 as defined by rule. 19 c. Have sufficient staff available, taking into 20 account the physical plant and firesafety features of the 21 building, to assist with the evacuation of residents in an 22 emergency, as necessary. 23 d. Adopt and follow policies and procedures that 24 maximize resident independence, dignity, choice, and 25 decisionmaking to permit residents to age in place to the 26 extent possible, so that moves due to changes in functional 27 status are minimized or avoided. 28 e. Allow residents or, if applicable, a resident's 29 representative, designee, surrogate, guardian, or attorney in 30 fact to make a variety of personal choices, participate in 31 developing service plans, and share responsibility in 103 4:34 PM 04/22/05 s2546p-go00-pg2
Florida Senate - 2005 PROPOSED COMMITTEE SUBSTITUTE Bill No. SB 2546 Barcode 741238 585-2246A-05 1 decisionmaking. 2 f. Implement the concept of managed risk. 3 g. Provide, either directly or through contract, the 4 services of a person licensed pursuant to part I of chapter 5 464. 6 h. In addition to the training mandated in s. 400.452, 7 provide specialized training as defined by rule for facility 8 staff. 9 4. Facilities licensed to provide extended congregate 10 care services are exempt from the criteria for continued 11 residency as set forth in rules adopted under s. 400.441. 12 Facilities so licensed shall adopt their own requirements 13 within guidelines for continued residency set forth by the 14 department in rule. However, such facilities may not serve 15 residents who require 24-hour nursing supervision. Facilities 16 licensed to provide extended congregate care services shall 17 provide each resident with a written copy of facility policies 18 governing admission and retention. 19 5. The primary purpose of extended congregate care 20 services is to allow residents, as they become more impaired, 21 the option of remaining in a familiar setting from which they 22 would otherwise be disqualified for continued residency. A 23 facility licensed to provide extended congregate care services 24 may also admit an individual who exceeds the admission 25 criteria for a facility with a standard license, if the 26 individual is determined appropriate for admission to the 27 extended congregate care facility. 28 6. Before admission of an individual to a facility 29 licensed to provide extended congregate care services, the 30 individual must undergo a medical examination as provided in 31 s. 400.426(4) and the facility must develop a preliminary 104 4:34 PM 04/22/05 s2546p-go00-pg2
Florida Senate - 2005 PROPOSED COMMITTEE SUBSTITUTE Bill No. SB 2546 Barcode 741238 585-2246A-05 1 service plan for the individual. 2 7. When a facility can no longer provide or arrange 3 for services in accordance with the resident's service plan 4 and needs and the facility's policy, the facility shall make 5 arrangements for relocating the person in accordance with s. 6 400.428(1)(k). 7 8. Failure to provide extended congregate care 8 services may result in denial of extended congregate care 9 license renewal. 10 9. No later than January 1 of each year, the 11 department, in consultation with the agency, shall prepare and 12 submit to the Governor, the President of the Senate, the 13 Speaker of the House of Representatives, and the chairs of 14 appropriate legislative committees, a report on the status of, 15 and recommendations related to, extended congregate care 16 services. The status report must include, but need not be 17 limited to, the following information: 18 a. A description of the facilities licensed to provide 19 such services, including total number of beds licensed under 20 this part. 21 b. The number and characteristics of residents 22 receiving such services. 23 c. The types of services rendered that could not be 24 provided through a standard license. 25 d. An analysis of deficiencies cited during licensure 26 inspections. 27 e. The number of residents who required extended 28 congregate care services at admission and the source of 29 admission. 30 f. Recommendations for statutory or regulatory 31 changes. 105 4:34 PM 04/22/05 s2546p-go00-pg2
Florida Senate - 2005 PROPOSED COMMITTEE SUBSTITUTE Bill No. SB 2546 Barcode 741238 585-2246A-05 1 g. The availability of extended congregate care to 2 state clients residing in facilities licensed under this part 3 and in need of additional services, and recommendations for 4 appropriations to subsidize extended congregate care services 5 for such persons. 6 h. Such other information as the department considers 7 appropriate. 8 Section 101. Subsection (13) of section 400.419, 9 Florida Statutes, is amended to read: 10 400.419 Violations; imposition of administrative 11 fines; grounds.-- 12 (13) The agency shall develop and disseminate an 13 annual list of all facilities sanctioned or fined $5,000 or 14 more for violations of state standards, the number and class 15 of violations involved, the penalties imposed, and the current 16 status of cases. The list shall be disseminated, at no charge, 17 to the Department of Elderly Affairs, the Department of 18 Health, the Department of Children and Family Services, the 19 Agency for Persons with Disabilities, the area agencies on 20 aging, the Florida Statewide Advocacy Council, and the state 21 and local ombudsman councils. The Department of Children and 22 Family Services shall disseminate the list to service 23 providers under contract to the department who are responsible 24 for referring persons to a facility for residency. The agency 25 may charge a fee commensurate with the cost of printing and 26 postage to other interested parties requesting a copy of this 27 list. 28 Section 102. Subsection (2) of section 400.967, 29 Florida Statutes, is amended to read: 30 400.967 Rules and classification of deficiencies.-- 31 (2) Pursuant to the intention of the Legislature, the 106 4:34 PM 04/22/05 s2546p-go00-pg2
Florida Senate - 2005 PROPOSED COMMITTEE SUBSTITUTE Bill No. SB 2546 Barcode 741238 585-2246A-05 1 agency, in consultation with the Agency for Persons with 2 Disabilities Department of Children and Family Services and 3 the Department of Elderly Affairs, shall adopt and enforce 4 rules to administer this part, which shall include reasonable 5 and fair criteria governing: 6 (a) The location and construction of the facility; 7 including fire and life safety, plumbing, heating, cooling, 8 lighting, ventilation, and other housing conditions that will 9 ensure the health, safety, and comfort of residents. The 10 agency shall establish standards for facilities and equipment 11 to increase the extent to which new facilities and a new wing 12 or floor added to an existing facility after July 1, 2000, are 13 structurally capable of serving as shelters only for 14 residents, staff, and families of residents and staff, and 15 equipped to be self-supporting during and immediately 16 following disasters. The Agency for Health Care Administration 17 shall work with facilities licensed under this part and report 18 to the Governor and the Legislature by April 1, 2000, its 19 recommendations for cost-effective renovation standards to be 20 applied to existing facilities. In making such rules, the 21 agency shall be guided by criteria recommended by nationally 22 recognized, reputable professional groups and associations 23 having knowledge concerning such subject matters. The agency 24 shall update or revise such criteria as the need arises. All 25 facilities must comply with those lifesafety code requirements 26 and building code standards applicable at the time of approval 27 of their construction plans. The agency may require 28 alterations to a building if it determines that an existing 29 condition constitutes a distinct hazard to life, health, or 30 safety. The agency shall adopt fair and reasonable rules 31 setting forth conditions under which existing facilities 107 4:34 PM 04/22/05 s2546p-go00-pg2
Florida Senate - 2005 PROPOSED COMMITTEE SUBSTITUTE Bill No. SB 2546 Barcode 741238 585-2246A-05 1 undergoing additions, alterations, conversions, renovations, 2 or repairs are required to comply with the most recent updated 3 or revised standards. 4 (b) The number and qualifications of all personnel, 5 including management, medical nursing, and other personnel, 6 having responsibility for any part of the care given to 7 residents. 8 (c) All sanitary conditions within the facility and 9 its surroundings, including water supply, sewage disposal, 10 food handling, and general hygiene, which will ensure the 11 health and comfort of residents. 12 (d) The equipment essential to the health and welfare 13 of the residents. 14 (e) A uniform accounting system. 15 (f) The care, treatment, and maintenance of residents 16 and measurement of the quality and adequacy thereof. 17 (g) The preparation and annual update of a 18 comprehensive emergency management plan. The agency shall 19 adopt rules establishing minimum criteria for the plan after 20 consultation with the Department of Community Affairs. At a 21 minimum, the rules must provide for plan components that 22 address emergency evacuation transportation; adequate 23 sheltering arrangements; postdisaster activities, including 24 emergency power, food, and water; postdisaster transportation; 25 supplies; staffing; emergency equipment; individual 26 identification of residents and transfer of records; and 27 responding to family inquiries. The comprehensive emergency 28 management plan is subject to review and approval by the local 29 emergency management agency. During its review, the local 30 emergency management agency shall ensure that the following 31 agencies, at a minimum, are given the opportunity to review 108 4:34 PM 04/22/05 s2546p-go00-pg2
Florida Senate - 2005 PROPOSED COMMITTEE SUBSTITUTE Bill No. SB 2546 Barcode 741238 585-2246A-05 1 the plan: the Department of Elderly Affairs, the Agency for 2 Persons with Disabilities Department of Children and Family 3 Services, the Agency for Health Care Administration, and the 4 Department of Community Affairs. Also, appropriate volunteer 5 organizations must be given the opportunity to review the 6 plan. The local emergency management agency shall complete its 7 review within 60 days and either approve the plan or advise 8 the facility of necessary revisions. 9 (h) Each licensee shall post its license in a 10 prominent place that is in clear and unobstructed public view 11 at or near the place where residents are being admitted to the 12 facility. 13 Section 103. Paragraph (c) of subsection (1) of 14 section 402.73, Florida Statutes, is amended to read: 15 402.73 Contracting and performance standards.-- 16 (1) The Department of Children and Family Services 17 shall establish performance standards for all contracted 18 client services. Notwithstanding s. 287.057(5)(f), the 19 department must competitively procure any contract for client 20 services when any of the following occurs: 21 (c) The department has concluded, after reviewing 22 market prices and available treatment options, that there is 23 evidence that the department can improve the performance 24 outcomes produced by its contract resources. At a minimum, the 25 department shall review market prices and available treatment 26 options biennially. The department shall compile the results 27 of the biennial review and include the results in its annual 28 performance report to the Legislature pursuant to chapter 29 94-249, Laws of Florida. The department shall provide notice 30 and an opportunity for public comment on its review of market 31 prices and available treatment options. 109 4:34 PM 04/22/05 s2546p-go00-pg2
Florida Senate - 2005 PROPOSED COMMITTEE SUBSTITUTE Bill No. SB 2546 Barcode 741238 585-2246A-05 1 Section 104. Subsection (3) of section 403.4131, 2 Florida Statutes, is amended to read: 3 403.4131 "Keep Florida Beautiful, Incorporated"; 4 placement of signs.-- 5 (3) The Department of Transportation shall establish 6 an "adopt-a-highway" program to allow local organizations to 7 be identified with specific highway cleanup and highway 8 beautification projects authorized under s. 339.2405 and shall 9 coordinate such efforts with Keep Florida Beautiful, Inc. The 10 department shall report to the Governor and the Legislature on 11 the progress achieved and the savings incurred by the 12 "adopt-a-highway" program. The department shall also monitor 13 and report on compliance with the provisions of the 14 adopt-a-highway program to ensure that organizations that 15 participate in the program comply with the goals identified by 16 the department. 17 Section 105. Section 403.756, Florida Statutes, is 18 repealed. 19 Section 106. Paragraph (b) of subsection (3) and 20 subsection (5) of section 403.7895, Florida Statutes, are 21 amended to read: 22 403.7895 Requirements for the permitting and 23 certification of commercial hazardous waste incinerators.-- 24 (3) CERTIFICATION OF NEED.-- 25 (b) The board shall make a determination of the need 26 for hazardous waste incinerators, based upon the best 27 available evidence of existing and projected need and 28 available capacity, as presented by the applicant, and as 29 determined by the study required by subsection (5). 30 (5) HAZARDOUS WASTE NEEDS AND CAPACITY STUDY.-- 31 (a) The department shall conduct, by November 1, 1994, 110 4:34 PM 04/22/05 s2546p-go00-pg2
Florida Senate - 2005 PROPOSED COMMITTEE SUBSTITUTE Bill No. SB 2546 Barcode 741238 585-2246A-05 1 or the date by which phase 2 of the next capacity assurance 2 plan must be submitted to the United States Environmental 3 Protection Agency, whichever date occurs first, a 4 comprehensive independent study of the current and future need 5 for hazardous waste incineration in the state. The study 6 shall evaluate the projected statewide capacity needs for a 7 20-year period. The study shall be updated at least every 5 8 years. 9 (b) The department shall consult with state and 10 nationally recognized experts in the field of hazardous waste 11 management, including representatives from state and federal 12 agencies, industry, local government, environmental groups, 13 universities, and other interested parties. 14 (c) The study components shall include but not be 15 limited to the following: 16 1. Existing and projected sources, amounts, and types 17 of hazardous waste in the state for which incineration is an 18 appropriate treatment alternative, taking into account all 19 applicable federal regulations on the disposal, storage and 20 treatment or definition of hazardous waste. 21 2. Existing and projected hazardous waste incinerator 22 capacity in the state and the nation. 23 3. Existing and projected hazardous waste incineration 24 capacity in boilers and industrial furnaces in the state and 25 the nation. 26 4. Existing and projected hazardous waste incineration 27 needs, specifically taking into account the impacts of 28 pollution prevention, recycling, and other waste reduction 29 strategies. 30 5. Any other impacts associated with construction of 31 excess hazardous waste incineration capacity in this state. 111 4:34 PM 04/22/05 s2546p-go00-pg2
Florida Senate - 2005 PROPOSED COMMITTEE SUBSTITUTE Bill No. SB 2546 Barcode 741238 585-2246A-05 1 (d) Upon completion of the study, the department shall 2 present its findings and make recommendations to the board and 3 the Legislature regarding changes in state hazardous waste 4 policies and management strategies. The recommendations shall 5 address the advisability of establishing by statute the 6 maximum capacity for hazardous waste incineration in this 7 state. 8 Section 107. Paragraph (a) of subsection (4) of 9 section 406.02, Florida Statutes, is repealed. 10 Section 108. Paragraph (g) of subsection (1) of 11 section 408.033, Florida Statutes, is amended to read: 12 408.033 Local and state health planning.-- 13 (1) LOCAL HEALTH COUNCILS.-- 14 (g) Each local health council is authorized to accept 15 and receive, in furtherance of its health planning functions, 16 funds, grants, and services from governmental agencies and 17 from private or civic sources and to perform studies related 18 to local health planning in exchange for such funds, grants, 19 or services. Each local health council shall, no later than 20 January 30 of each year, render an accounting of the receipt 21 and disbursement of such funds received by it to the 22 Department of Health. The department shall consolidate all 23 such reports and submit such consolidated report to the 24 Legislature no later than March 1 of each year. 25 Section 109. Subsection (4) of section 408.914, 26 Florida Statutes, is repealed. 27 Section 110. Paragraph (i) of subsection (3) of 28 section 408.915, Florida Statutes, is repealed. 29 Section 111. Section 408.917, Florida Statutes, is 30 repealed. 31 Section 112. Paragraph (b) of subsection (7) of 112 4:34 PM 04/22/05 s2546p-go00-pg2
Florida Senate - 2005 PROPOSED COMMITTEE SUBSTITUTE Bill No. SB 2546 Barcode 741238 585-2246A-05 1 section 409.1451, Florida Statutes, is amended to read: 2 409.1451 Independent living transition services.-- 3 (7) INDEPENDENT LIVING SERVICES ADVISORY COUNCIL.--The 4 Secretary of Children and Family Services shall establish the 5 Independent Living Services Advisory Council for the purpose 6 of reviewing and making recommendations concerning the 7 implementation and operation of the independent living 8 transition services. This advisory council shall continue to 9 function as specified in this subsection until the Legislature 10 determines that the advisory council can no longer provide a 11 valuable contribution to the department's efforts to achieve 12 the goals of the independent living transition services. 13 (b) The advisory council shall report to the secretary 14 appropriate substantive committees of the Senate and the House 15 of Representatives on the status of the implementation of the 16 system of independent living transition services; efforts to 17 publicize the availability of aftercare support services, the 18 Road-to-Independence Scholarship Program, and transitional 19 support services; specific barriers to financial aid created 20 by the scholarship and possible solutions; the success of the 21 services; problems identified; recommendations for department 22 or legislative action; and the department's implementation of 23 the recommendations contained in the Independent Living 24 Services Integration Workgroup Report submitted to the Senate 25 and the House substantive committees December 31, 2002. The 26 department shall submit a report by December 31 of each year 27 to the Governor and Legislature This advisory council report 28 shall be submitted by December 31 of each year that the 29 council is in existence and shall be accompanied by a report 30 from the department which includes a summary of the factors 31 reported on by the council and identifies the recommendations 113 4:34 PM 04/22/05 s2546p-go00-pg2
Florida Senate - 2005 PROPOSED COMMITTEE SUBSTITUTE Bill No. SB 2546 Barcode 741238 585-2246A-05 1 of the advisory council and either describes the department's 2 actions to implement these recommendations or provides the 3 department's rationale for not implementing the 4 recommendations. 5 Section 113. Section 409.146, Florida Statutes, is 6 repealed. 7 Section 114. Section 409.152, Florida Statutes, is 8 repealed. 9 Section 115. Subsection (1) of section 409.1679, 10 Florida Statutes, is repealed. 11 Section 116. Paragraph (k) of subsection (4) of 12 section 409.221, Florida Statutes, is repealed. 13 Section 117. Paragraph (a) of subsection (3) of 14 section 409.25575, Florida Statutes, is amended to read: 15 409.25575 Support enforcement; privatization.-- 16 (3)(a) The department shall establish a quality 17 assurance program for the privatization of services. The 18 quality assurance program must include standards for each 19 specific component of these services. The department shall 20 establish minimum thresholds for each component. Each program 21 operated pursuant to contract must be evaluated annually by 22 the department or by an objective competent entity designated 23 by the department under the provisions of the quality 24 assurance program. The evaluation must be financed from cost 25 savings associated with the privatization of services. The 26 department shall submit an annual report regarding quality 27 performance, outcome measure attainment, and cost efficiency 28 to the President of the Senate, the Speaker of the House of 29 Representatives, the Minority leader of each house of the 30 Legislature, and the Governor no later than January 31 of each 31 year, beginning in 1999. The quality assurance program must be 114 4:34 PM 04/22/05 s2546p-go00-pg2
Florida Senate - 2005 PROPOSED COMMITTEE SUBSTITUTE Bill No. SB 2546 Barcode 741238 585-2246A-05 1 financed through administrative savings generated by this act. 2 Section 118. Subsection (7) of section 409.2558, 3 Florida Statutes, is amended to read: 4 409.2558 Support distribution and disbursement.-- 5 (7) RULEMAKING AUTHORITY.--The department may adopt 6 rules to administer this section. The department shall provide 7 a draft of the proposed concepts for the rule for the 8 undistributable collections to interested parties for review 9 and recommendations prior to full development of the rule and 10 initiating the formal rule-development process. The department 11 shall consider but is not required to implement the 12 recommendations. The department shall provide a report to the 13 President of the Senate and the Speaker of the House of 14 Representatives containing the recommendations received from 15 interested parties and the department's response regarding 16 incorporating the recommendations into the rule. 17 Section 119. Section 409.2567, Florida Statutes, is 18 amended to read: 19 409.2567 Services to individuals not otherwise 20 eligible.--All support services provided by the department 21 shall be made available on behalf of all dependent children. 22 Services shall be provided upon acceptance of public 23 assistance or upon proper application filed with the 24 department. The department shall adopt rules to provide for 25 the payment of a $25 application fee from each applicant who 26 is not a public assistance recipient. The application fee 27 shall be deposited in the Child Support Enforcement 28 Application and Program Revenue Trust Fund within the 29 Department of Revenue to be used for the Child Support 30 Enforcement Program. The obligor is responsible for all 31 administrative costs, as defined in s. 409.2554. The court 115 4:34 PM 04/22/05 s2546p-go00-pg2
Florida Senate - 2005 PROPOSED COMMITTEE SUBSTITUTE Bill No. SB 2546 Barcode 741238 585-2246A-05 1 shall order payment of administrative costs without requiring 2 the department to have a member of the bar testify or submit 3 an affidavit as to the reasonableness of the costs. An 4 attorney-client relationship exists only between the 5 department and the legal services providers in Title IV-D 6 cases. The attorney shall advise the obligee in Title IV-D 7 cases that the attorney represents the agency and not the 8 obligee. In Title IV-D cases, any costs, including filing 9 fees, recording fees, mediation costs, service of process 10 fees, and other expenses incurred by the clerk of the circuit 11 court, shall be assessed only against the nonprevailing 12 obligor after the court makes a determination of the 13 nonprevailing obligor's ability to pay such costs and fees. In 14 any case where the court does not award all costs, the court 15 shall state in the record its reasons for not awarding the 16 costs. The Department of Revenue shall not be considered a 17 party for purposes of this section; however, fees may be 18 assessed against the department pursuant to s. 57.105(1). The 19 department shall submit a monthly report to the Governor and 20 the chairs of the Health and Human Services Fiscal Committee 21 of the House of Representatives and the Ways and Means 22 Committee of the Senate specifying the funds identified for 23 collection from the noncustodial parents of children receiving 24 temporary assistance and the amounts actually collected. 25 Section 120. Subsection (24) of section 409.906, 26 Florida Statutes, is amended to read: 27 409.906 Optional Medicaid services.--Subject to 28 specific appropriations, the agency may make payments for 29 services which are optional to the state under Title XIX of 30 the Social Security Act and are furnished by Medicaid 31 providers to recipients who are determined to be eligible on 116 4:34 PM 04/22/05 s2546p-go00-pg2
Florida Senate - 2005 PROPOSED COMMITTEE SUBSTITUTE Bill No. SB 2546 Barcode 741238 585-2246A-05 1 the dates on which the services were provided. Any optional 2 service that is provided shall be provided only when medically 3 necessary and in accordance with state and federal law. 4 Optional services rendered by providers in mobile units to 5 Medicaid recipients may be restricted or prohibited by the 6 agency. Nothing in this section shall be construed to prevent 7 or limit the agency from adjusting fees, reimbursement rates, 8 lengths of stay, number of visits, or number of services, or 9 making any other adjustments necessary to comply with the 10 availability of moneys and any limitations or directions 11 provided for in the General Appropriations Act or chapter 216. 12 If necessary to safeguard the state's systems of providing 13 services to elderly and disabled persons and subject to the 14 notice and review provisions of s. 216.177, the Governor may 15 direct the Agency for Health Care Administration to amend the 16 Medicaid state plan to delete the optional Medicaid service 17 known as "Intermediate Care Facilities for the Developmentally 18 Disabled." Optional services may include: 19 (24) CHILD-WELFARE-TARGETED CASE MANAGEMENT.--The 20 Agency for Health Care Administration, in consultation with 21 the Department of Children and Family Services, may establish 22 a targeted case-management project in those counties 23 identified by the Department of Children and Family Services 24 and for all counties with a community-based child welfare 25 project, as authorized under s. 409.1671, which have been 26 specifically approved by the department. Results of targeted 27 case management projects shall be reported to the Social 28 Services Estimating Conference established under s. 216.136. 29 The covered group of individuals who are eligible to receive 30 targeted case management include children who are eligible for 31 Medicaid; who are between the ages of birth through 21; and 117 4:34 PM 04/22/05 s2546p-go00-pg2
Florida Senate - 2005 PROPOSED COMMITTEE SUBSTITUTE Bill No. SB 2546 Barcode 741238 585-2246A-05 1 who are under protective supervision or postplacement 2 supervision, under foster-care supervision, or in shelter care 3 or foster care. The number of individuals who are eligible to 4 receive targeted case management shall be limited to the 5 number for whom the Department of Children and Family Services 6 has available matching funds to cover the costs. The general 7 revenue funds required to match the funds for services 8 provided by the community-based child welfare projects are 9 limited to funds available for services described under s. 10 409.1671. The Department of Children and Family Services may 11 transfer the general revenue matching funds as billed by the 12 Agency for Health Care Administration. 13 Section 121. Subsection (4) of section 409.9065, 14 Florida Statutes, is amended to read: 15 409.9065 Pharmaceutical expense assistance.-- 16 (4) ADMINISTRATION.--The pharmaceutical expense 17 assistance program shall be administered by the agency, in 18 collaboration with the Department of Elderly Affairs and the 19 Department of Children and Family Services. 20 (a) The agency shall, by rule, establish for the 21 pharmaceutical expense assistance program eligibility 22 requirements; limits on participation; benefit limitations, 23 including copayments; a requirement for generic drug 24 substitution; and other program parameters comparable to those 25 of the Medicaid program. Individuals eligible to participate 26 in this program are not subject to the limit of four brand 27 name drugs per month per recipient as specified in s. 28 409.912(39)(a) s. 409.912(40)(a). There shall be no monetary 29 limit on prescription drugs purchased with discounts of less 30 than 51 percent unless the agency determines there is a risk 31 of a funding shortfall in the program. If the agency 118 4:34 PM 04/22/05 s2546p-go00-pg2
Florida Senate - 2005 PROPOSED COMMITTEE SUBSTITUTE Bill No. SB 2546 Barcode 741238 585-2246A-05 1 determines there is a risk of a funding shortfall, the agency 2 may establish monetary limits on prescription drugs which 3 shall not be less than $160 worth of prescription drugs per 4 month. 5 (b) By January 1 of each year, the agency shall report 6 to the Legislature on the operation of the program. The report 7 shall include information on the number of individuals served, 8 use rates, and expenditures under the program. The report 9 shall also address the impact of the program on reducing unmet 10 pharmaceutical drug needs among the elderly and recommend 11 programmatic changes. 12 Section 122. Section 409.91188, Florida Statutes, is 13 amended to read: 14 409.91188 Specialty prepaid health plans for Medicaid 15 recipients with HIV or AIDS.--The Agency for Health Care 16 Administration is authorized to contract with specialty 17 prepaid health plans and pay them on a prepaid capitated basis 18 to provide Medicaid benefits to Medicaid-eligible recipients 19 who have human immunodeficiency syndrome (HIV) or acquired 20 immunodeficiency syndrome (AIDS). The agency shall apply for 21 and is authorized to implement federal waivers or other 22 necessary federal authorization to implement the prepaid 23 health plans authorized by this section. The agency shall 24 procure the specialty prepaid health plans through a 25 competitive procurement. In awarding a contract to a managed 26 care plan, the agency shall take into account price, quality, 27 accessibility, linkages to community-based organizations, and 28 the comprehensiveness of the benefit package offered by the 29 plan. The agency may bid the HIV/AIDS specialty plans on a 30 county, regional, or statewide basis. Qualified plans must be 31 licensed under chapter 641. The agency shall monitor and 119 4:34 PM 04/22/05 s2546p-go00-pg2
Florida Senate - 2005 PROPOSED COMMITTEE SUBSTITUTE Bill No. SB 2546 Barcode 741238 585-2246A-05 1 evaluate the implementation of this waiver program if it is 2 approved by the Federal Government and shall report on its 3 status to the President of the Senate and the Speaker of the 4 House of Representatives by February 1, 2001. To improve 5 coordination of medical care delivery and to increase cost 6 efficiency for the Medicaid program in treating HIV disease, 7 the agency for Health Care Administration shall seek all 8 necessary federal waivers to allow participation in the 9 Medipass HIV disease management program for Medicare 10 beneficiaries who test positive for HIV infection and who also 11 qualify for Medicaid benefits such as prescription medications 12 not covered by Medicare. 13 Section 123. Paragraph (b) of subsection (4) and 14 subsections (5), (21), (29), (41), (44), and (49) of section 15 409.912, Florida Statutes, are amended to read: 16 409.912 Cost-effective purchasing of health care.--The 17 agency shall purchase goods and services for Medicaid 18 recipients in the most cost-effective manner consistent with 19 the delivery of quality medical care. To ensure that medical 20 services are effectively utilized, the agency may, in any 21 case, require a confirmation or second physician's opinion of 22 the correct diagnosis for purposes of authorizing future 23 services under the Medicaid program. This section does not 24 restrict access to emergency services or poststabilization 25 care services as defined in 42 C.F.R. part 438.114. Such 26 confirmation or second opinion shall be rendered in a manner 27 approved by the agency. The agency shall maximize the use of 28 prepaid per capita and prepaid aggregate fixed-sum basis 29 services when appropriate and other alternative service 30 delivery and reimbursement methodologies, including 31 competitive bidding pursuant to s. 287.057, designed to 120 4:34 PM 04/22/05 s2546p-go00-pg2
Florida Senate - 2005 PROPOSED COMMITTEE SUBSTITUTE Bill No. SB 2546 Barcode 741238 585-2246A-05 1 facilitate the cost-effective purchase of a case-managed 2 continuum of care. The agency shall also require providers to 3 minimize the exposure of recipients to the need for acute 4 inpatient, custodial, and other institutional care and the 5 inappropriate or unnecessary use of high-cost services. The 6 agency may mandate prior authorization, drug therapy 7 management, or disease management participation for certain 8 populations of Medicaid beneficiaries, certain drug classes, 9 or particular drugs to prevent fraud, abuse, overuse, and 10 possible dangerous drug interactions. The Pharmaceutical and 11 Therapeutics Committee shall make recommendations to the 12 agency on drugs for which prior authorization is required. The 13 agency shall inform the Pharmaceutical and Therapeutics 14 Committee of its decisions regarding drugs subject to prior 15 authorization. The agency is authorized to limit the entities 16 it contracts with or enrolls as Medicaid providers by 17 developing a provider network through provider credentialing. 18 The agency may limit its network based on the assessment of 19 beneficiary access to care, provider availability, provider 20 quality standards, time and distance standards for access to 21 care, the cultural competence of the provider network, 22 demographic characteristics of Medicaid beneficiaries, 23 practice and provider-to-beneficiary standards, appointment 24 wait times, beneficiary use of services, provider turnover, 25 provider profiling, provider licensure history, previous 26 program integrity investigations and findings, peer review, 27 provider Medicaid policy and billing compliance records, 28 clinical and medical record audits, and other factors. 29 Providers shall not be entitled to enrollment in the Medicaid 30 provider network. The agency is authorized to seek federal 31 waivers necessary to implement this policy. 121 4:34 PM 04/22/05 s2546p-go00-pg2
Florida Senate - 2005 PROPOSED COMMITTEE SUBSTITUTE Bill No. SB 2546 Barcode 741238 585-2246A-05 1 (4) The agency may contract with: 2 (b) An entity that is providing comprehensive 3 behavioral health care services to certain Medicaid recipients 4 through a capitated, prepaid arrangement pursuant to the 5 federal waiver provided for by s. 409.905(5). Such an entity 6 must be licensed under chapter 624, chapter 636, or chapter 7 641 and must possess the clinical systems and operational 8 competence to manage risk and provide comprehensive behavioral 9 health care to Medicaid recipients. As used in this paragraph, 10 the term "comprehensive behavioral health care services" means 11 covered mental health and substance abuse treatment services 12 that are available to Medicaid recipients. The secretary of 13 the Department of Children and Family Services shall approve 14 provisions of procurements related to children in the 15 department's care or custody prior to enrolling such children 16 in a prepaid behavioral health plan. Any contract awarded 17 under this paragraph must be competitively procured. In 18 developing the behavioral health care prepaid plan procurement 19 document, the agency shall ensure that the procurement 20 document must require requires the contractor to develop and 21 implement a plan to ensure compliance with s. 394.4574 related 22 to services provided to residents of licensed assisted living 23 facilities that hold a limited mental health license. Except 24 as provided in subparagraph 8., the agency shall seek federal 25 approval to contract with a single entity meeting these 26 requirements to provide comprehensive behavioral health care 27 services to all Medicaid recipients not enrolled in a managed 28 care plan in an AHCA area. Each entity must offer sufficient 29 choice of providers in its network to ensure recipient access 30 to care and the opportunity to select a provider with whom 31 they are satisfied. The network shall include all public 122 4:34 PM 04/22/05 s2546p-go00-pg2
Florida Senate - 2005 PROPOSED COMMITTEE SUBSTITUTE Bill No. SB 2546 Barcode 741238 585-2246A-05 1 mental health hospitals. To ensure unimpaired access to 2 behavioral health care services by Medicaid recipients, all 3 contracts issued pursuant to this paragraph shall require 80 4 percent of the capitation paid to the managed care plan, 5 including health maintenance organizations, to be expended for 6 the provision of behavioral health care services. In the event 7 the managed care plan expends less than 80 percent of the 8 capitation paid pursuant to this paragraph for the provision 9 of behavioral health care services, the difference shall be 10 returned to the agency. The agency shall provide the managed 11 care plan with a certification letter indicating the amount of 12 capitation paid during each calendar year for the provision of 13 behavioral health care services pursuant to this section. The 14 agency may reimburse for substance abuse treatment services on 15 a fee-for-service basis until the agency finds that adequate 16 funds are available for capitated, prepaid arrangements. 17 1. By January 1, 2001, the agency shall modify the 18 contracts with the entities providing comprehensive inpatient 19 and outpatient mental health care services to Medicaid 20 recipients in Hillsborough, Highlands, Hardee, Manatee, and 21 Polk Counties, to include substance abuse treatment services. 22 2. By July 1, 2003, the agency and the Department of 23 Children and Family Services shall execute a written agreement 24 that requires collaboration and joint development of all 25 policy, budgets, procurement documents, contracts, and 26 monitoring plans that have an impact on the state and Medicaid 27 community mental health and targeted case management programs. 28 1.3. Except as provided in subparagraph 6. 8., by July 29 1, 2006, the agency and the Department of Children and Family 30 Services shall contract with managed care entities in each 31 AHCA area except area 6 or arrange to provide comprehensive 123 4:34 PM 04/22/05 s2546p-go00-pg2
Florida Senate - 2005 PROPOSED COMMITTEE SUBSTITUTE Bill No. SB 2546 Barcode 741238 585-2246A-05 1 inpatient and outpatient mental health and substance abuse 2 services through capitated prepaid arrangements to all 3 Medicaid recipients who are eligible to participate in such 4 plans under federal law and regulation. In AHCA areas where 5 eligible individuals number less than 150,000, the agency 6 shall contract with a single managed care plan to provide 7 comprehensive behavioral health services to all recipients who 8 are not enrolled in a Medicaid health maintenance 9 organization. The agency may contract with more than one 10 comprehensive behavioral health provider to provide care to 11 recipients who are not enrolled in a Medicaid health 12 maintenance organization in AHCA areas where the eligible 13 population exceeds 150,000. Contracts for comprehensive 14 behavioral health providers awarded pursuant to this section 15 shall be competitively procured. Both for-profit and 16 not-for-profit corporations shall be eligible to compete. 17 Managed care plans contracting with the agency under 18 subsection (3) shall provide and receive payment for the same 19 comprehensive behavioral health benefits as provided in AHCA 20 rules, including handbooks incorporated by reference. 21 4. By October 1, 2003, the agency and the department 22 shall submit a plan to the Governor, the President of the 23 Senate, and the Speaker of the House of Representatives which 24 provides for the full implementation of capitated prepaid 25 behavioral health care in all areas of the state. 26 a. Implementation shall begin in 2003 in those AHCA 27 areas of the state where the agency is able to establish 28 sufficient capitation rates. 29 2.b. If the agency determines that the proposed 30 capitation rate in any area is insufficient to provide 31 appropriate services, the agency may adjust the capitation 124 4:34 PM 04/22/05 s2546p-go00-pg2
Florida Senate - 2005 PROPOSED COMMITTEE SUBSTITUTE Bill No. SB 2546 Barcode 741238 585-2246A-05 1 rate to ensure that care will be available. The agency and the 2 department may use existing general revenue to address any 3 additional required match but may not over-obligate existing 4 funds on an annualized basis. 5 c. Subject to any limitations provided for in the 6 General Appropriations Act, the agency, in compliance with 7 appropriate federal authorization, shall develop policies and 8 procedures that allow for certification of local and state 9 funds. 10 3.5. Children residing in a statewide inpatient 11 psychiatric program, or in a Department of Juvenile Justice or 12 a Department of Children and Family Services residential 13 program approved as a Medicaid behavioral health overlay 14 services provider shall not be included in a behavioral health 15 care prepaid health plan or any other Medicaid managed care 16 plan pursuant to this paragraph. 17 4.6. In converting to a prepaid system of delivery, 18 the agency shall in its procurement document require an entity 19 providing only comprehensive behavioral health care services 20 to prevent the displacement of indigent care patients by 21 enrollees in the Medicaid prepaid health plan providing 22 behavioral health care services from facilities receiving 23 state funding to provide indigent behavioral health care, to 24 facilities licensed under chapter 395 which do not receive 25 state funding for indigent behavioral health care, or 26 reimburse the unsubsidized facility for the cost of behavioral 27 health care provided to the displaced indigent care patient. 28 5.7. Traditional community mental health providers 29 under contract with the Department of Children and Family 30 Services pursuant to part IV of chapter 394, child welfare 31 providers under contract with the Department of Children and 125 4:34 PM 04/22/05 s2546p-go00-pg2
Florida Senate - 2005 PROPOSED COMMITTEE SUBSTITUTE Bill No. SB 2546 Barcode 741238 585-2246A-05 1 Family Services in areas 1 and 6, and inpatient mental health 2 providers licensed pursuant to chapter 395 must be offered an 3 opportunity to accept or decline a contract to participate in 4 any provider network for prepaid behavioral health services. 5 6.8. For fiscal year 2004-2005, all Medicaid eligible 6 children, except children in areas 1 and 6, whose cases are 7 open for child welfare services in the HomeSafeNet system, 8 shall be enrolled in MediPass or in Medicaid fee-for-service 9 and all their behavioral health care services including 10 inpatient, outpatient psychiatric, community mental health, 11 and case management shall be reimbursed on a fee-for-service 12 basis. Beginning July 1, 2005, such children, who are open for 13 child welfare services in the HomeSafeNet system, shall 14 receive their behavioral health care services through a 15 specialty prepaid plan operated by community-based lead 16 agencies either through a single agency or formal agreements 17 among several agencies. The specialty prepaid plan must result 18 in savings to the state comparable to savings achieved in 19 other Medicaid managed care and prepaid programs. Such plan 20 must provide mechanisms to maximize state and local revenues. 21 The specialty prepaid plan shall be developed by the agency 22 and the Department of Children and Family Services. The agency 23 is authorized to seek any federal waivers to implement this 24 initiative. 25 (5) By October 1, 2003, the agency and the department 26 shall, to the extent feasible, develop a plan for implementing 27 new Medicaid procedure codes for emergency and crisis care, 28 supportive residential services, and other services designed 29 to maximize the use of Medicaid funds for Medicaid-eligible 30 recipients. The agency shall include in the agreement 31 developed pursuant to subsection (4) a provision that ensures 126 4:34 PM 04/22/05 s2546p-go00-pg2
Florida Senate - 2005 PROPOSED COMMITTEE SUBSTITUTE Bill No. SB 2546 Barcode 741238 585-2246A-05 1 that the match requirements for these new procedure codes are 2 met by certifying eligible general revenue or local funds that 3 are currently expended on these services by the department 4 with contracted alcohol, drug abuse, and mental health 5 providers. The plan must describe specific procedure codes to 6 be implemented, a projection of the number of procedures to be 7 delivered during fiscal year 2003-2004, and a financial 8 analysis that describes the certified match procedures, and 9 accountability mechanisms, projects the earnings associated 10 with these procedures, and describes the sources of state 11 match. This plan may not be implemented in any part until 12 approved by the Legislative Budget Commission. If such 13 approval has not occurred by December 31, 2003, the plan shall 14 be submitted for consideration by the 2004 Legislature. 15 (20)(21) Any entity contracting with the agency 16 pursuant to this section to provide health care services to 17 Medicaid recipients is prohibited from engaging in any of the 18 following practices or activities: 19 (a) Practices that are discriminatory, including, but 20 not limited to, attempts to discourage participation on the 21 basis of actual or perceived health status. 22 (b) Activities that could mislead or confuse 23 recipients, or misrepresent the organization, its marketing 24 representatives, or the agency. Violations of this paragraph 25 include, but are not limited to: 26 1. False or misleading claims that marketing 27 representatives are employees or representatives of the state 28 or county, or of anyone other than the entity or the 29 organization by whom they are reimbursed. 30 2. False or misleading claims that the entity is 31 recommended or endorsed by any state or county agency, or by 127 4:34 PM 04/22/05 s2546p-go00-pg2
Florida Senate - 2005 PROPOSED COMMITTEE SUBSTITUTE Bill No. SB 2546 Barcode 741238 585-2246A-05 1 any other organization which has not certified its endorsement 2 in writing to the entity. 3 3. False or misleading claims that the state or county 4 recommends that a Medicaid recipient enroll with an entity. 5 4. Claims that a Medicaid recipient will lose benefits 6 under the Medicaid program, or any other health or welfare 7 benefits to which the recipient is legally entitled, if the 8 recipient does not enroll with the entity. 9 (c) Granting or offering of any monetary or other 10 valuable consideration for enrollment, except as authorized by 11 subsection (23) (24). 12 (d) Door-to-door solicitation of recipients who have 13 not contacted the entity or who have not invited the entity to 14 make a presentation. 15 (e) Solicitation of Medicaid recipients by marketing 16 representatives stationed in state offices unless approved and 17 supervised by the agency or its agent and approved by the 18 affected state agency when solicitation occurs in an office of 19 the state agency. The agency shall ensure that marketing 20 representatives stationed in state offices shall market their 21 managed care plans to Medicaid recipients only in designated 22 areas and in such a way as to not interfere with the 23 recipients' activities in the state office. 24 (f) Enrollment of Medicaid recipients. 25 (28)(29) The agency shall perform enrollments and 26 disenrollments for Medicaid recipients who are eligible for 27 MediPass or managed care plans. Notwithstanding the 28 prohibition contained in paragraph (20)(f) (21)(f), managed 29 care plans may perform preenrollments of Medicaid recipients 30 under the supervision of the agency or its agents. For the 31 purposes of this section, "preenrollment" means the provision 128 4:34 PM 04/22/05 s2546p-go00-pg2
Florida Senate - 2005 PROPOSED COMMITTEE SUBSTITUTE Bill No. SB 2546 Barcode 741238 585-2246A-05 1 of marketing and educational materials to a Medicaid recipient 2 and assistance in completing the application forms, but shall 3 not include actual enrollment into a managed care plan. An 4 application for enrollment shall not be deemed complete until 5 the agency or its agent verifies that the recipient made an 6 informed, voluntary choice. The agency, in cooperation with 7 the Department of Children and Family Services, may test new 8 marketing initiatives to inform Medicaid recipients about 9 their managed care options at selected sites. The agency shall 10 report to the Legislature on the effectiveness of such 11 initiatives. The agency may contract with a third party to 12 perform managed care plan and MediPass enrollment and 13 disenrollment services for Medicaid recipients and is 14 authorized to adopt rules to implement such services. The 15 agency may adjust the capitation rate only to cover the costs 16 of a third-party enrollment and disenrollment contract, and 17 for agency supervision and management of the managed care plan 18 enrollment and disenrollment contract. 19 (40)(41) The agency shall provide for the development 20 of a demonstration project by establishment in Miami-Dade 21 County of a long-term-care facility licensed pursuant to 22 chapter 395 to improve access to health care for a 23 predominantly minority, medically underserved, and medically 24 complex population and to evaluate alternatives to nursing 25 home care and general acute care for such population. Such 26 project is to be located in a health care condominium and 27 colocated with licensed facilities providing a continuum of 28 care. The establishment of this project is not subject to the 29 provisions of s. 408.036 or s. 408.039. The agency shall 30 report its findings to the Governor, the President of the 31 Senate, and the Speaker of the House of Representatives by 129 4:34 PM 04/22/05 s2546p-go00-pg2
Florida Senate - 2005 PROPOSED COMMITTEE SUBSTITUTE Bill No. SB 2546 Barcode 741238 585-2246A-05 1 January 1, 2003. 2 (43)(44) The Agency for Health Care Administration 3 shall ensure that any Medicaid managed care plan as defined in 4 s. 409.9122(2)(h), whether paid on a capitated basis or a 5 shared savings basis, is cost-effective. For purposes of this 6 subsection, the term "cost-effective" means that a network's 7 per-member, per-month costs to the state, including, but not 8 limited to, fee-for-service costs, administrative costs, and 9 case-management fees, must be no greater than the state's 10 costs associated with contracts for Medicaid services 11 established under subsection (3), which shall be actuarially 12 adjusted for case mix, model, and service area. The agency 13 shall conduct actuarially sound audits adjusted for case mix 14 and model in order to ensure such cost-effectiveness and shall 15 publish the audit results on its Internet website and submit 16 the audit results annually to the Governor, the President of 17 the Senate, and the Speaker of the House of Representatives no 18 later than December 31 of each year. Contracts established 19 pursuant to this subsection which are not cost-effective may 20 not be renewed. 21 (48)(49) The agency shall contract with established 22 minority physician networks that provide services to 23 historically underserved minority patients. The networks must 24 provide cost-effective Medicaid services, comply with the 25 requirements to be a MediPass provider, and provide their 26 primary care physicians with access to data and other 27 management tools necessary to assist them in ensuring the 28 appropriate use of services, including inpatient hospital 29 services and pharmaceuticals. 30 (a) The agency shall provide for the development and 31 expansion of minority physician networks in each service area 130 4:34 PM 04/22/05 s2546p-go00-pg2
Florida Senate - 2005 PROPOSED COMMITTEE SUBSTITUTE Bill No. SB 2546 Barcode 741238 585-2246A-05 1 to provide services to Medicaid recipients who are eligible to 2 participate under federal law and rules. 3 (b) The agency shall reimburse each minority physician 4 network as a fee-for-service provider, including the case 5 management fee for primary care, or as a capitated rate 6 provider for Medicaid services. Any savings shall be shared 7 with the minority physician networks pursuant to the contract. 8 (c) For purposes of this subsection, the term 9 "cost-effective" means that a network's per-member, per-month 10 costs to the state, including, but not limited to, 11 fee-for-service costs, administrative costs, and 12 case-management fees, must be no greater than the state's 13 costs associated with contracts for Medicaid services 14 established under subsection (3), which shall be actuarially 15 adjusted for case mix, model, and service area. The agency 16 shall conduct actuarially sound audits adjusted for case mix 17 and model in order to ensure such cost-effectiveness and shall 18 publish the audit results on its Internet website and submit 19 the audit results annually to the Governor, the President of 20 the Senate, and the Speaker of the House of Representatives no 21 later than December 31. Contracts established pursuant to this 22 subsection which are not cost-effective may not be renewed. 23 (d) The agency may apply for any federal waivers 24 needed to implement this subsection. 25 Section 124. Section 410.0245, Florida Statutes, is 26 repealed. 27 Section 125. Subsection (10) of section 410.604, 28 Florida Statutes, is repealed. 29 Section 126. Section 411.221, Florida Statutes, is 30 repealed. 31 Section 127. Section 411.242, Florida Statutes, is 131 4:34 PM 04/22/05 s2546p-go00-pg2
Florida Senate - 2005 PROPOSED COMMITTEE SUBSTITUTE Bill No. SB 2546 Barcode 741238 585-2246A-05 1 repealed. 2 Section 128. Subsection (8) of section 413.402, 3 Florida Statutes, is repealed. 4 Section 129. Subsection (3) of section 414.1251, 5 Florida Statutes, is repealed. 6 Section 130. Section 414.14, Florida Statutes, is 7 amended to read: 8 414.14 Public assistance policy simplification.--To 9 the extent possible, the department shall align the 10 requirements for eligibility under this chapter with the food 11 stamp program and medical assistance eligibility policies and 12 procedures to simplify the budgeting process and reduce 13 errors. If the department determines that s. 414.075, 14 relating to resources, or s. 414.085, relating to income, is 15 inconsistent with related provisions of federal law which 16 govern the food stamp program or medical assistance, and that 17 conformance to federal law would simplify administration of 18 the WAGES Program or reduce errors without materially 19 increasing the cost of the program to the state, the secretary 20 of the department may propose a change in the resource or 21 income requirements of the program by rule. The secretary 22 shall provide written notice to the President of the Senate, 23 the Speaker of the House of Representatives, and the 24 chairpersons of the relevant committees of both houses of the 25 Legislature summarizing the proposed modifications to be made 26 by rule and changes necessary to conform state law to federal 27 law. The proposed rule shall take effect 14 days after written 28 notice is given unless the President of the Senate or the 29 Speaker of the House of Representatives advises the secretary 30 that the proposed rule exceeds the delegated authority of the 31 Legislature. 132 4:34 PM 04/22/05 s2546p-go00-pg2
Florida Senate - 2005 PROPOSED COMMITTEE SUBSTITUTE Bill No. SB 2546 Barcode 741238 585-2246A-05 1 Section 131. Subsection (1) of section 414.36, Florida 2 Statutes, is repealed. 3 Section 132. Subsection (3) of section 414.391, 4 Florida Statutes, is repealed. 5 Section 133. Subsection (6) of section 415.1045, 6 Florida Statutes, is amended to read: 7 415.1045 Photographs, videotapes, and medical 8 examinations; abrogation of privileged communications; 9 confidential records and documents.-- 10 (6) WORKING AGREEMENTS.--By March 1, 2004, The 11 department shall enter into working agreements with the 12 jurisdictionally responsible county sheriffs' office or local 13 police department that will be the lead agency when conducting 14 any criminal investigation arising from an allegation of 15 abuse, neglect, or exploitation of a vulnerable adult. The 16 working agreement must specify how the requirements of this 17 chapter will be met. The Office of Program Policy Analysis and 18 Government Accountability shall conduct a review of the 19 efficacy of the agreements and report its findings to the 20 Legislature by March 1, 2005. For the purposes of such 21 agreement, the jurisdictionally responsible law enforcement 22 entity is authorized to share Florida criminal history and 23 local criminal history information that is not otherwise 24 exempt from s. 119.07(1) with the district personnel. A law 25 enforcement entity entering into such agreement must comply 26 with s. 943.0525. Criminal justice information provided by 27 such law enforcement entity shall be used only for the 28 purposes specified in the agreement and shall be provided at 29 no charge. Notwithstanding any other provision of law, the 30 Department of Law Enforcement shall provide to the department 31 electronic access to Florida criminal justice information 133 4:34 PM 04/22/05 s2546p-go00-pg2
Florida Senate - 2005 PROPOSED COMMITTEE SUBSTITUTE Bill No. SB 2546 Barcode 741238 585-2246A-05 1 which is lawfully available and not exempt from s. 119.07(1), 2 only for the purpose of protective investigations and 3 emergency placement. As a condition of access to such 4 information, the department shall be required to execute an 5 appropriate user agreement addressing the access, use, 6 dissemination, and destruction of such information and to 7 comply with all applicable laws and rules of the Department of 8 Law Enforcement. 9 Section 134. Paragraph (a) of subsection (5) of 10 section 415.111, Florida Statutes, is amended to read: 11 415.111 Criminal penalties.-- 12 (5) A person who knowingly and willfully makes a false 13 report of abuse, neglect, or exploitation of a vulnerable 14 adult, or a person who advises another to make a false report, 15 commits a felony of the third degree, punishable as provided 16 in s. 775.082 or s. 775.083. 17 (a) The department shall establish procedures for 18 determining whether a false report of abuse, neglect, or 19 exploitation of a vulnerable adult has been made and for 20 submitting all identifying information relating to such a 21 false report to the local law enforcement agency as provided 22 in this subsection and shall report annually to the 23 Legislature the number of reports referred. 24 Section 135. Subsection (9) of section 420.622, 25 Florida Statutes, is amended to read: 26 420.622 State Office on Homelessness; Council on 27 Homelessness.-- 28 (9) The council shall, by December 31 of each year, 29 provide issue to the Governor, the Legislature President of 30 the Senate, the Speaker of the House of Representatives, and 31 the Secretary of Children and Family Services an evaluation of 134 4:34 PM 04/22/05 s2546p-go00-pg2
Florida Senate - 2005 PROPOSED COMMITTEE SUBSTITUTE Bill No. SB 2546 Barcode 741238 585-2246A-05 1 the executive director's performance in fulfilling the 2 statutory duties of the office, a report summarizing the 3 status of homelessness in the state and the council's 4 recommendations to the office and the corresponding actions 5 taken by the office, and any recommendations to the 6 Legislature for reducing proposals to reduce homelessness in 7 this state. 8 Section 136. Subsection (4) of section 420.623, 9 Florida Statutes, is repealed. 10 Section 137. Subsection (9) of section 427.704, 11 Florida Statutes, is amended to read: 12 427.704 Powers and duties of the commission.-- 13 (9) The commission shall prepare provide to the 14 President of the Senate and to the Speaker of the House of 15 Representatives an annual report on the operation of the 16 telecommunications access system, which shall be available on 17 the commission's Internet website. The first report shall be 18 provided no later than January 1, 1992, and successive reports 19 shall be provided by January 1 of each year thereafter. 20 Reports shall be prepared in consultation with the 21 administrator and the advisory committee appointed pursuant to 22 s. 427.706. The reports shall, at a minimum, briefly outline 23 the status of developments of the telecommunications access 24 system, the number of persons served, the call volume, 25 revenues and expenditures, the allocation of the revenues and 26 expenditures between provision of specialized 27 telecommunications devices to individuals and operation of 28 statewide relay service, other major policy or operational 29 issues, and proposals for improvements or changes to the 30 telecommunications access system. 31 Section 138. Subsection (2) of section 427.706, 135 4:34 PM 04/22/05 s2546p-go00-pg2
Florida Senate - 2005 PROPOSED COMMITTEE SUBSTITUTE Bill No. SB 2546 Barcode 741238 585-2246A-05 1 Florida Statutes, is amended to read: 2 427.706 Advisory committee.-- 3 (2) The advisory committee shall provide the 4 expertise, experience, and perspective of persons who are 5 hearing impaired or speech impaired to the commission and to 6 the administrator during all phases of the development and 7 operation of the telecommunications access system. The 8 advisory committee shall advise the commission and the 9 administrator on any matter relating to the quality and 10 cost-effectiveness of the telecommunications relay service and 11 the specialized telecommunications devices distribution 12 system. The advisory committee may submit material for 13 inclusion in the annual report prepared pursuant to s. 427.704 14 to the President of the Senate and the Speaker of the House of 15 Representatives. 16 Section 139. Subsections (3) through (16) of section 17 430.04, Florida Statutes, are amended to read: 18 430.04 Duties and responsibilities of the Department 19 of Elderly Affairs.--The Department of Elderly Affairs shall: 20 (3) Prepare and submit to the Governor, each Cabinet 21 member, the President of the Senate, the Speaker of the House 22 of Representatives, the minority leaders of the House and 23 Senate, and chairpersons of appropriate House and Senate 24 committees a master plan for policies and programs in the 25 state related to aging. The plan must identify and assess the 26 needs of the elderly population in the areas of housing, 27 employment, education and training, medical care, long-term 28 care, preventive care, protective services, social services, 29 mental health, transportation, and long-term care insurance, 30 and other areas considered appropriate by the department. The 31 plan must assess the needs of particular subgroups of the 136 4:34 PM 04/22/05 s2546p-go00-pg2
Florida Senate - 2005 PROPOSED COMMITTEE SUBSTITUTE Bill No. SB 2546 Barcode 741238 585-2246A-05 1 population and evaluate the capacity of existing programs, 2 both public and private and in state and local agencies, to 3 respond effectively to identified needs. If the plan 4 recommends the transfer of any program or service from the 5 Department of Children and Family Services to another state 6 department, the plan must also include recommendations that 7 provide for an independent third-party mechanism, as currently 8 exists in the Florida advocacy councils established in ss. 9 402.165 and 402.166, for protecting the constitutional and 10 human rights of recipients of departmental services. The plan 11 must include policy goals and program strategies designed to 12 respond efficiently to current and projected needs. The plan 13 must also include policy goals and program strategies to 14 promote intergenerational relationships and activities. 15 Public hearings and other appropriate processes shall be 16 utilized by the department to solicit input for the 17 development and updating of the master plan from parties 18 including, but not limited to, the following: 19 (a) Elderly citizens and their families and 20 caregivers. 21 (b) Local-level public and private service providers, 22 advocacy organizations, and other organizations relating to 23 the elderly. 24 (c) Local governments. 25 (d) All state agencies that provide services to the 26 elderly. 27 (e) University centers on aging. 28 (f) Area agency on aging and community care for the 29 elderly lead agencies. 30 (3)(4) Serve as an information clearinghouse at the 31 state level, and assist local-level information and referral 137 4:34 PM 04/22/05 s2546p-go00-pg2
Florida Senate - 2005 PROPOSED COMMITTEE SUBSTITUTE Bill No. SB 2546 Barcode 741238 585-2246A-05 1 resources as a repository and means for dissemination of 2 information regarding all federal, state, and local resources 3 for assistance to the elderly in the areas of, but not limited 4 to, health, social welfare, long-term care, protective 5 services, consumer protection, education and training, 6 housing, employment, recreation, transportation, insurance, 7 and retirement. 8 (4)(5) Recommend guidelines for the development of 9 roles for state agencies that provide services for the aging, 10 review plans of agencies that provide such services, and relay 11 these plans to the Governor and the Legislature, each Cabinet 12 member, the President of the Senate, the Speaker of the House 13 of Representatives, the minority leaders of the House and 14 Senate, and chairpersons of appropriate House and Senate 15 committees. 16 (5)(6) Recommend to the Governor and the Legislature, 17 each Cabinet member, the President of the Senate, the Speaker 18 of the House of Representatives, the minority leaders of the 19 House and Senate, and chairpersons of appropriate House and 20 Senate committees an organizational framework for the 21 planning, coordination, implementation, and evaluation of 22 programs related to aging, with the purpose of expanding and 23 improving programs and opportunities available to the state's 24 elderly population and enhancing a continuum of long-term 25 care. This framework must assure that: 26 (a) Performance objectives are established. 27 (b) Program reviews are conducted statewide. 28 (c) Each major program related to aging is reviewed 29 every 3 years. 30 (d) Agency budget requests reflect the results and 31 recommendations of such program reviews. 138 4:34 PM 04/22/05 s2546p-go00-pg2
Florida Senate - 2005 PROPOSED COMMITTEE SUBSTITUTE Bill No. SB 2546 Barcode 741238 585-2246A-05 1 (d)(e) Program decisions reinforce lead to the 2 distinctive roles established for state agencies that provide 3 aging services. 4 (6)(7) Advise the Governor and the Legislature, each 5 Cabinet member, the President of the Senate, the Speaker of 6 the House of Representatives, the minority leaders of the 7 House and Senate, and the chairpersons of appropriate House 8 and Senate committees regarding the need for and location of 9 programs related to aging. 10 (7)(8) Review and coordinate aging research plans of 11 all state agencies to ensure that the conformance of research 12 objectives address to issues and needs of the state's elderly 13 population addressed in the master plan for policies and 14 programs related to aging. The research activities that must 15 be reviewed and coordinated by the department include, but are 16 not limited to, contracts with academic institutions, 17 development of educational and training curriculums, 18 Alzheimer's disease and other medical research, studies of 19 long-term care and other personal assistance needs, and design 20 of adaptive or modified living environments. 21 (8)(9) Review budget requests for programs related to 22 aging to ensure the most cost-effective use of state funding 23 for the state's elderly population before for compliance with 24 the master plan for policies and programs related to aging 25 before submission to the Governor and the Legislature. 26 (10) Update the master plan for policies and programs 27 related to aging every 3 years. 28 (11) Review implementation of the master plan for 29 programs and policies related to aging and annually report to 30 the Governor, each Cabinet member, the President of the 31 Senate, the Speaker of the House of Representatives, the 139 4:34 PM 04/22/05 s2546p-go00-pg2
Florida Senate - 2005 PROPOSED COMMITTEE SUBSTITUTE Bill No. SB 2546 Barcode 741238 585-2246A-05 1 minority leaders of the House and Senate, and the chairpersons 2 of appropriate House and Senate committees the progress 3 towards implementation of the plan. 4 (9)(12) Request other departments that administer 5 programs affecting the state's elderly population to amend 6 their plans, rules, policies, and research objectives as 7 necessary to ensure that programs and other initiatives are 8 coordinated and maximize the state's efforts to address the 9 needs of the elderly conform with the master plan for policies 10 and programs related to aging. 11 (10)(13) Hold public meetings regularly throughout the 12 state for purposes of receiving information and maximizing the 13 visibility of important issues relating to aging and the 14 elderly. 15 (11)(14) Conduct policy analysis and program 16 evaluation studies assigned by the Legislature. 17 (12)(15) Assist the Governor, each Cabinet member, and 18 members of the Legislature the President of the Senate, the 19 Speaker of the House of Representatives, the minority leaders 20 of the House and Senate, and the chairpersons of appropriate 21 House and Senate committees in the conduct of their 22 responsibilities in such capacities as they consider 23 appropriate. 24 (13)(16) Call upon appropriate agencies of state 25 government for such assistance as is needed in the discharge 26 of its duties. All agencies shall cooperate in assisting the 27 department in carrying out its responsibilities as prescribed 28 by this section. However, no provision of law with respect to 29 confidentiality of information may be violated. 30 Section 140. Subsections (3) and (8) of section 31 430.502, Florida Statutes, are amended to read: 140 4:34 PM 04/22/05 s2546p-go00-pg2
Florida Senate - 2005 PROPOSED COMMITTEE SUBSTITUTE Bill No. SB 2546 Barcode 741238 585-2246A-05 1 430.502 Alzheimer's disease; memory disorder clinics 2 and day care and respite care programs.-- 3 (3) The Alzheimer's Disease Advisory Committee shall 4 must evaluate and make recommendations to the department and 5 the Legislature concerning the need for additional memory 6 disorder clinics in the state. The first report will be due by 7 December 31, 1995. 8 (8) The department will implement the waiver program 9 specified in subsection (7). The agency and the department 10 shall ensure that providers are selected that have a history 11 of successfully serving persons with Alzheimer's disease. The 12 department and the agency shall develop specialized standards 13 for providers and services tailored to persons in the early, 14 middle, and late stages of Alzheimer's disease and designate a 15 level of care determination process and standard that is most 16 appropriate to this population. The department and the agency 17 shall include in the waiver services designed to assist the 18 caregiver in continuing to provide in-home care. The 19 department shall implement this waiver program subject to a 20 specific appropriation or as provided in the General 21 Appropriations Act. The department and the agency shall submit 22 their program design to the President of the Senate and the 23 Speaker of the House of Representatives for consultation 24 during the development process. 25 Section 141. Subsection (1) of section 430.707, 26 Florida Statutes, is amended to read: 27 430.707 Contracts.-- 28 (1) The department, in consultation with the agency, 29 shall select and contract with managed care organizations and, 30 on a prepaid basis, with other qualified providers as defined 31 in s. 430.703(7) to provide long-term care within community 141 4:34 PM 04/22/05 s2546p-go00-pg2
Florida Senate - 2005 PROPOSED COMMITTEE SUBSTITUTE Bill No. SB 2546 Barcode 741238 585-2246A-05 1 diversion pilot project areas. The agency shall evaluate and 2 report quarterly to the department the compliance by other 3 qualified providers with all the financial and quality 4 assurance requirements of the contract. 5 Section 142. Paragraph (a) of subsection (3) of 6 section 445.003, Florida Statutes, is amended to read: 7 445.003 Implementation of the federal Workforce 8 Investment Act of 1998.-- 9 (3) FUNDING.-- 10 (a) Title I, Workforce Investment Act of 1998 funds; 11 Wagner-Peyser funds; and NAFTA/Trade Act funds will be 12 expended based on the 5-year plan of Workforce Florida, Inc. 13 The plan shall outline and direct the method used to 14 administer and coordinate various funds and programs that are 15 operated by various agencies. The following provisions shall 16 also apply to these funds: 17 1. At least 50 percent of the Title I funds for Adults 18 and Dislocated Workers that are passed through to regional 19 workforce boards shall be allocated to Individual Training 20 Accounts unless a regional workforce board obtains a waiver 21 from Workforce Florida, Inc. Tuition, fees, and 22 performance-based incentive awards paid in compliance with 23 Florida's Performance-Based Incentive Fund Program qualify as 24 an Individual Training Account expenditure, as do other 25 programs developed by regional workforce boards in compliance 26 with policies of Workforce Florida, Inc. 27 2. Fifteen percent of Title I funding shall be 28 retained at the state level and shall be dedicated to state 29 administration and used to design, develop, induce, and fund 30 innovative Individual Training Account pilots, demonstrations, 31 and programs. Of such funds retained at the state level, $2 142 4:34 PM 04/22/05 s2546p-go00-pg2
Florida Senate - 2005 PROPOSED COMMITTEE SUBSTITUTE Bill No. SB 2546 Barcode 741238 585-2246A-05 1 million shall be reserved for the Incumbent Worker Training 2 Program, created under subparagraph 3. Eligible state 3 administration costs include the costs of: funding for the 4 board and staff of Workforce Florida, Inc.; operating fiscal, 5 compliance, and management accountability systems through 6 Workforce Florida, Inc.; conducting evaluation and research on 7 workforce development activities; and providing technical and 8 capacity building assistance to regions at the direction of 9 Workforce Florida, Inc. Notwithstanding s. 445.004, such 10 administrative costs shall not exceed 25 percent of these 11 funds. An amount not to exceed 75 percent of these funds shall 12 be allocated to Individual Training Accounts and other 13 workforce development strategies for: the Minority Teacher 14 Education Scholars program, the Certified Teacher-Aide 15 program, the Self-Employment Institute, and other training 16 designed and tailored by Workforce Florida, Inc., including, 17 but not limited to, programs for incumbent workers, displaced 18 homemakers, nontraditional employment, empowerment zones, and 19 enterprise zones. Workforce Florida, Inc., shall design, 20 adopt, and fund Individual Training Accounts for distressed 21 urban and rural communities. 22 3. The Incumbent Worker Training Program is created 23 for the purpose of providing grant funding for continuing 24 education and training of incumbent employees at existing 25 Florida businesses. The program will provide reimbursement 26 grants to businesses that pay for preapproved, direct, 27 training-related costs. 28 a. The Incumbent Worker Training Program will be 29 administered by Workforce Florida, Inc. Workforce Florida, 30 Inc., at its discretion, may contract with a private business 31 organization to serve as grant administrator. 143 4:34 PM 04/22/05 s2546p-go00-pg2
Florida Senate - 2005 PROPOSED COMMITTEE SUBSTITUTE Bill No. SB 2546 Barcode 741238 585-2246A-05 1 b. To be eligible for the program's grant funding, a 2 business must have been in operation in Florida for a minimum 3 of 1 year prior to the application for grant funding; have at 4 least one full-time employee; demonstrate financial viability; 5 and be current on all state tax obligations. Priority for 6 funding shall be given to businesses with 25 employees or 7 fewer, businesses in rural areas, businesses in distressed 8 inner-city areas, businesses in a qualified targeted industry, 9 businesses whose grant proposals represent a significant 10 upgrade in employee skills, or businesses whose grant 11 proposals represent a significant layoff avoidance strategy. 12 c. All costs reimbursed by the program must be 13 preapproved by Workforce Florida, Inc., or the grant 14 administrator. The program will not reimburse businesses for 15 trainee wages, the purchase of capital equipment, or the 16 purchase of any item or service that may possibly be used 17 outside the training project. A business approved for a grant 18 may be reimbursed for preapproved, direct, training-related 19 costs including tuition and fees; books and classroom 20 materials; and overhead or indirect costs not to exceed 5 21 percent of the grant amount. 22 d. A business that is selected to receive grant 23 funding must provide a matching contribution to the training 24 project, including, but not limited to, wages paid to trainees 25 or the purchase of capital equipment used in the training 26 project; must sign an agreement with Workforce Florida, Inc., 27 or the grant administrator to complete the training project as 28 proposed in the application; must keep accurate records of the 29 project's implementation process; and must submit monthly or 30 quarterly reimbursement requests with required documentation. 31 e. All Incumbent Worker Training Program grant 144 4:34 PM 04/22/05 s2546p-go00-pg2
Florida Senate - 2005 PROPOSED COMMITTEE SUBSTITUTE Bill No. SB 2546 Barcode 741238 585-2246A-05 1 projects shall be performance-based with specific measurable 2 performance outcomes, including completion of the training 3 project and job retention. Workforce Florida, Inc., or the 4 grant administrator shall withhold the final payment to the 5 grantee until a final grant report is submitted and all 6 performance criteria specified in the grant contract have been 7 achieved. 8 f. Workforce Florida, Inc., may establish guidelines 9 necessary to implement the Incumbent Worker Training Program. 10 g. No more than 10 percent of the Incumbent Worker 11 Training Program's total appropriation may be used for 12 overhead or indirect purposes. 13 h. Workforce Florida, Inc., shall submit a report to 14 the Legislature on the financial and general operations of the 15 Incumbent Worker Training Program as part of its annual report 16 submitted pursuant to s. 445.004. Such report will be due 17 before October 1 of any fiscal year for which the program is 18 funded by the Legislature. 19 4. At least 50 percent of Rapid Response funding shall 20 be dedicated to Intensive Services Accounts and Individual 21 Training Accounts for dislocated workers and incumbent workers 22 who are at risk of dislocation. Workforce Florida, Inc., shall 23 also maintain an Emergency Preparedness Fund from Rapid 24 Response funds which will immediately issue Intensive Service 25 Accounts and Individual Training Accounts as well as other 26 federally authorized assistance to eligible victims of natural 27 or other disasters. At the direction of the Governor, for 28 events that qualify under federal law, these Rapid Response 29 funds shall be released to regional workforce boards for 30 immediate use. Funding shall also be dedicated to maintain a 31 unit at the state level to respond to Rapid Response 145 4:34 PM 04/22/05 s2546p-go00-pg2
Florida Senate - 2005 PROPOSED COMMITTEE SUBSTITUTE Bill No. SB 2546 Barcode 741238 585-2246A-05 1 emergencies around the state, to work with state emergency 2 management officials, and to work with regional workforce 3 boards. All Rapid Response funds must be expended based on a 4 plan developed by Workforce Florida, Inc., and approved by the 5 Governor. 6 Section 143. Paragraph (a) of subsection (3) of 7 section 445.004, Florida Statutes, is amended to read: 8 445.004 Workforce Florida, Inc.; creation; purpose; 9 membership; duties and powers.-- 10 (3)(a) Workforce Florida, Inc., shall be governed by a 11 board of directors, the number of directors to be determined 12 by the Governor, whose membership and appointment must be 13 consistent with Pub. L. No. 105-220, Title I, s. 111(b), and 14 contain one member representing the licensed nonpublic 15 postsecondary educational institutions authorized as 16 individual training account providers, one member from the 17 staffing service industry, at least one member who is a 18 current or former recipient of welfare transition services as 19 defined in s. 445.002(3) or workforce services as provided in 20 s. 445.009(1), and five representatives of organized labor who 21 shall be appointed by the Governor. Notwithstanding s. 22 114.05(1)(f), the Governor may appoint remaining members to 23 Workforce Florida, Inc., from the current Workforce 24 Development Board and the WAGES Program State Board of 25 Directors, established pursuant to chapter 96-175, Laws of 26 Florida, to serve on the reconstituted board. By July 1, 2000, 27 the Workforce Development Board will provide to the Governor a 28 transition plan to incorporate the changes required by this 29 act and Pub. L. No. 105-220, specifying the manner of changes 30 to the board. This plan shall govern the transition, unless 31 otherwise notified by the Governor. The importance of 146 4:34 PM 04/22/05 s2546p-go00-pg2
Florida Senate - 2005 PROPOSED COMMITTEE SUBSTITUTE Bill No. SB 2546 Barcode 741238 585-2246A-05 1 minority, gender, and geographic representation shall be 2 considered when making appointments to the board. 3 Section 144. Subsection (1) of section 445.006, 4 Florida Statutes, is amended to read: 5 445.006 Strategic plan for workforce development.-- 6 (1) Workforce Florida, Inc., in conjunction with state 7 and local partners in the workforce system, shall develop a 8 strategic plan for workforce, with the goal of producing 9 skilled employees for employers in the state. The strategic 10 plan shall be submitted to the Governor, the President of the 11 Senate, and the Speaker of the House of Representatives by 12 February 1, 2001. The strategic plan shall be updated or 13 modified by January 1 of each year thereafter. The plan must 14 include, but need not be limited to, strategies for: 15 (a) Fulfilling the workforce system goals and 16 strategies prescribed in s. 445.004; 17 (b) Aggregating, integrating, and leveraging workforce 18 system resources; 19 (c) Coordinating the activities of federal, state, and 20 local workforce system partners; 21 (d) Addressing the workforce needs of small 22 businesses; and 23 (e) Fostering the participation of rural communities 24 and distressed urban cores in the workforce system. 25 Section 145. Section 446.27, Florida Statutes, is 26 repealed. 27 Section 146. Paragraphs (a) and (c) of subsection (4) 28 of section 446.50, Florida Statutes, are amended to read: 29 446.50 Displaced homemakers; multiservice programs; 30 report to the Legislature; Displaced Homemaker Trust Fund 31 created.-- 147 4:34 PM 04/22/05 s2546p-go00-pg2
Florida Senate - 2005 PROPOSED COMMITTEE SUBSTITUTE Bill No. SB 2546 Barcode 741238 585-2246A-05 1 (4) STATE PLAN.-- 2 (a) The Agency for Workforce Innovation shall develop 3 a 3-year state plan for the displaced homemaker program which 4 shall be updated annually and submitted to the Legislature by 5 January 1. The plan must address, at a minimum, the need for 6 programs specifically designed to serve displaced homemakers, 7 any necessary service components for such programs in addition 8 to those enumerated in this section, goals of the displaced 9 homemaker program with an analysis of the extent to which 10 those goals are being met, and recommendations for ways to 11 address any unmet program goals. Any request for funds for 12 program expansion must be based on the state plan. 13 (c) The 3-year state plan must be submitted to the 14 President of the Senate, the Speaker of the House of 15 Representatives, and the Governor on or before January 1, 16 2001, and annual updates of the plan must be submitted by 17 January 1 of each subsequent year. 18 Section 147. Section 455.204, Florida Statutes, is 19 repealed. 20 Section 148. Subsection (8) of section 455.2226, 21 Florida Statutes, is repealed. 22 Section 149. Subsection (6) of section 455.2228, 23 Florida Statutes, is repealed. 24 Section 150. Subsection (9) of section 456.025, 25 Florida Statutes, is amended to read: 26 456.025 Fees; receipts; disposition.-- 27 (9) The department shall provide a condensed 28 management report of revenues and expenditures budgets, 29 finances, performance measures statistics, and recommendations 30 to each board at least once a quarter. The department shall 31 identify and include in such presentations any changes, or 148 4:34 PM 04/22/05 s2546p-go00-pg2
Florida Senate - 2005 PROPOSED COMMITTEE SUBSTITUTE Bill No. SB 2546 Barcode 741238 585-2246A-05 1 projected changes, made to the board's budget since the last 2 presentation. 3 Section 151. Subsection (5) of section 456.031, 4 Florida Statutes, is repealed. 5 Section 152. Subsection (8) of section 456.033, 6 Florida Statutes, is repealed. 7 Section 153. Subsection (6) of section 456.034, 8 Florida Statutes, is repealed. 9 Section 154. Subsections (3) and (4) of section 10 517.302, Florida Statutes, are amended to read: 11 517.302 Criminal penalties; alternative fine; 12 Anti-Fraud Trust Fund; time limitation for criminal 13 prosecution.-- 14 (3) In lieu of a fine otherwise authorized by law, a 15 person who has been convicted of or who has pleaded guilty or 16 no contest to having engaged in conduct in violation of the 17 provisions of this chapter may be sentenced to pay a fine that 18 does not exceed the greater of three times the gross value 19 gained or three times the gross loss caused by such conduct, 20 plus court costs and the costs of investigation and 21 prosecution reasonably incurred. 22 (4)(a) There is created within the office a trust fund 23 to be known as the Anti-Fraud Trust Fund. Any amounts 24 assessed as costs of investigation and prosecution under this 25 subsection shall be deposited in the trust fund. Funds 26 deposited in such trust fund shall be used, when authorized by 27 appropriation, for investigation and prosecution of 28 administrative, civil, and criminal actions arising under the 29 provisions of this chapter. Funds may also be used to improve 30 the public's awareness and understanding of prudent investing. 31 (b) The office shall report to the Executive Office of 149 4:34 PM 04/22/05 s2546p-go00-pg2
Florida Senate - 2005 PROPOSED COMMITTEE SUBSTITUTE Bill No. SB 2546 Barcode 741238 585-2246A-05 1 the Governor annually by November 15, the amounts deposited 2 into the Anti-Fraud Trust Fund during the previous fiscal 3 year. The Executive Office of the Governor shall distribute 4 these reports to the President of the Senate and the Speaker 5 of the House of Representatives. 6 (5)(4) Criminal prosecution for offenses under this 7 chapter is subject to the time limitations of s. 775.15. 8 Section 155. Section 526.3135, Florida Statutes, is 9 repealed. 10 Section 156. Subsection (3) of section 531.415, 11 Florida Statutes, is repealed. 12 Section 157. Section 553.975, Florida Statutes, is 13 repealed. 14 Section 158. Subsection (3) of section 570.0705, 15 Florida Statutes, is repealed. 16 Section 159. Subsection (5) of section 570.0725, 17 Florida Statutes, is repealed. 18 Section 160. Subsection (3) of section 570.235, 19 Florida Statutes, is repealed. 20 Section 161. Subsection (3) of section 570.543, 21 Florida Statutes, is repealed. 22 Section 162. Subsection (5) of section 570.952, 23 Florida Statutes, is repealed. 24 Section 163. Section 603.204, Florida Statutes, is 25 amended to read: 26 603.204 South Florida Tropical Fruit Plan.-- 27 (1) The Commissioner of Agriculture, in consultation 28 with the Tropical Fruit Advisory Council, shall develop and 29 update, at least 90 days prior to the 1991 legislative 30 session, submit to the President of the Senate, the Speaker of 31 the House of Representatives, and the chairs of appropriate 150 4:34 PM 04/22/05 s2546p-go00-pg2
Florida Senate - 2005 PROPOSED COMMITTEE SUBSTITUTE Bill No. SB 2546 Barcode 741238 585-2246A-05 1 Senate and House of Representatives committees, a South 2 Florida Tropical Fruit Plan, which shall identify problems and 3 constraints of the tropical fruit industry, propose possible 4 solutions to such problems, and develop planning mechanisms 5 for orderly growth of the industry, including: 6 (1)(a) Criteria for tropical fruit research, service, 7 and management priorities. 8 (2)(b) Additional Proposed legislation that which may 9 be required. 10 (3)(c) Plans relating to other tropical fruit programs 11 and related disciplines in the State University System. 12 (4)(d) Potential tropical fruit products in terms of 13 market and needs for development. 14 (5)(e) Evaluation of production and fresh fruit policy 15 alternatives, including, but not limited to, setting minimum 16 grades and standards, promotion and advertising, development 17 of production and marketing strategies, and setting minimum 18 standards on types and quality of nursery plants. 19 (6)(f) Evaluation of policy alternatives for processed 20 tropical fruit products, including, but not limited to, 21 setting minimum quality standards and development of 22 production and marketing strategies. 23 (7)(g) Research and service priorities for further 24 development of the tropical fruit industry. 25 (8)(h) Identification of state agencies and public and 26 private institutions concerned with research, education, 27 extension, services, planning, promotion, and marketing 28 functions related to tropical fruit development, and 29 delineation of contributions and responsibilities. The 30 recommendations in the South Florida Tropical Fruit plan 31 relating to education or research shall be submitted to the 151 4:34 PM 04/22/05 s2546p-go00-pg2
Florida Senate - 2005 PROPOSED COMMITTEE SUBSTITUTE Bill No. SB 2546 Barcode 741238 585-2246A-05 1 Institute of Food and Agricultural Sciences. The 2 recommendations relating to regulation or marketing shall be 3 submitted to the Department of Agriculture and Consumer 4 Services. 5 (9)(i) Business planning, investment potential, 6 financial risks, and economics of production and utilization. 7 (2) A revision and update of the South Florida 8 Tropical Fruit Plan shall be submitted biennially, and a 9 progress report and budget request shall be submitted 10 annually, to the officials specified in subsection (1). 11 Section 164. Subsection (2) of section 744.7021, 12 Florida Statutes, is amended to read: 13 744.7021 Statewide Public Guardianship Office.--There 14 is hereby created the Statewide Public Guardianship Office 15 within the Department of Elderly Affairs. 16 (2) The executive director shall, within available 17 resources, have oversight responsibilities for all public 18 guardians. 19 (a) The executive director shall review the current 20 public guardian programs in Florida and other states. 21 (b) The executive director, in consultation with local 22 guardianship offices, shall develop statewide performance 23 measures and standards. 24 (c) The executive director shall review the various 25 methods of funding guardianship programs, the kinds of 26 services being provided by such programs, and the demographics 27 of the wards. In addition, the executive director shall review 28 and make recommendations regarding the feasibility of 29 recovering a portion or all of the costs of providing public 30 guardianship services from the assets or income of the wards. 31 (d) By January 1, 2004, and by January 1 of each year 152 4:34 PM 04/22/05 s2546p-go00-pg2
Florida Senate - 2005 PROPOSED COMMITTEE SUBSTITUTE Bill No. SB 2546 Barcode 741238 585-2246A-05 1 thereafter, the executive director shall provide a status 2 report and provide further recommendations to the secretary 3 that address the need for public guardianship services and 4 related issues. 5 (d)(e) The executive director may provide assistance 6 to local governments or entities in pursuing grant 7 opportunities. The executive director shall evaluate review 8 and make recommendations in the annual report on the 9 availability and efficacy of seeking Medicaid matching funds. 10 The executive director shall diligently seek ways to use 11 existing programs and services to meet the needs of public 12 wards. 13 (e)(f) The executive director, in consultation with 14 the Florida Guardianship Foundation, shall develop a 15 guardianship training program curriculum that may be offered 16 to all guardians whether public or private. 17 (f) The executive director shall provide an annual 18 status report to the secretary which includes policy and 19 legislative recommendations relating to the provision of 20 public guardianship. 21 Section 165. Subsections (5) and (7) of section 22 744.708, Florida Statutes, are amended to read: 23 744.708 Reports and standards.-- 24 (5) An independent audit of each public guardian 25 office by a qualified certified public accountant shall be 26 conducted by a qualified certified public accountant performed 27 at least every 2 years. The audit should include an 28 investigation into the practices of the office for managing 29 the person and property of the wards. A copy of the report 30 shall be submitted to the Statewide Public Guardianship 31 Office. In addition, the office of public guardian shall be 153 4:34 PM 04/22/05 s2546p-go00-pg2
Florida Senate - 2005 PROPOSED COMMITTEE SUBSTITUTE Bill No. SB 2546 Barcode 741238 585-2246A-05 1 subject to audits or examinations by the Auditor General and 2 the Office of Program Policy Analysis and Government 3 Accountability pursuant to law. 4 (7) The ratio for professional staff to wards shall be 5 1 professional to 40 wards. The Statewide Public Guardianship 6 Office may increase or decrease the ratio after consultation 7 with the local public guardian and the chief judge of the 8 circuit court. The basis of the decision to increase or 9 decrease the prescribed ratio shall be reported in the annual 10 report to the Governor, the President of the Senate, the 11 Speaker of the House of Representatives, and the Chief Justice 12 of the Supreme Court. 13 Section 166. Subsection (3) of section 765.5215, 14 Florida Statutes, is repealed. 15 Section 167. Subsection (6) of section 768.295, 16 Florida Statutes, is amended to read: 17 768.295 Strategic Lawsuits Against Public 18 Participation (SLAPP) suits by governmental entities 19 prohibited.-- 20 (6) In any case filed by a governmental entity which 21 is found by a court to be in violation of this section, the 22 governmental entity shall report such finding and provide a 23 copy of the court's order to the Attorney General no later 24 than 30 days after such order is final. The Attorney General 25 shall maintain a record of court orders provided by the 26 governmental entities found to be in violation of this section 27 report any violation of this section by a governmental entity 28 to the Cabinet, the President of the Senate, and the Speaker 29 of the House of Representatives. A copy of such report shall 30 be provided to the affected governmental entity. 31 Section 168. Paragraph (c) of subsection (3) of 154 4:34 PM 04/22/05 s2546p-go00-pg2
Florida Senate - 2005 PROPOSED COMMITTEE SUBSTITUTE Bill No. SB 2546 Barcode 741238 585-2246A-05 1 section 775.084, Florida Statutes, is amended to read: 2 775.084 Violent career criminals; habitual felony 3 offenders and habitual violent felony offenders; three-time 4 violent felony offenders; definitions; procedure; enhanced 5 penalties or mandatory minimum prison terms.-- 6 (3) 7 (c) In a separate proceeding, the court shall 8 determine whether the defendant is a violent career criminal 9 with respect to a primary offense committed on or after 10 October 1, 1995. The procedure shall be as follows: 11 1. Written notice shall be served on the defendant and 12 the defendant's attorney a sufficient time prior to the entry 13 of a plea or prior to the imposition of sentence in order to 14 allow the preparation of a submission on behalf of the 15 defendant. 16 2. All evidence presented shall be presented in open 17 court with full rights of confrontation, cross-examination, 18 and representation by counsel. 19 3. Each of the findings required as the basis for such 20 sentence shall be found to exist by a preponderance of the 21 evidence and shall be appealable only as provided in paragraph 22 (d). 23 4. For the purpose of identification, the court shall 24 fingerprint the defendant pursuant to s. 921.241. 25 5. For an offense committed on or after October 1, 26 1995, if the state attorney pursues a violent career criminal 27 sanction against the defendant and the court, in a separate 28 proceeding pursuant to this paragraph, determines that the 29 defendant meets the criteria under subsection (1) for imposing 30 such sanction, the court must sentence the defendant as a 31 violent career criminal, subject to imprisonment pursuant to 155 4:34 PM 04/22/05 s2546p-go00-pg2
Florida Senate - 2005 PROPOSED COMMITTEE SUBSTITUTE Bill No. SB 2546 Barcode 741238 585-2246A-05 1 this section unless the court finds that such sentence is not 2 necessary for the protection of the public. If the court 3 finds that it is not necessary for the protection of the 4 public to sentence the defendant as a violent career criminal, 5 the court shall provide written reasons; a written transcript 6 of orally stated reasons is permissible, if filed by the court 7 within 7 days after the date of sentencing. Each month, the 8 court shall submit to the Office of Economic and Demographic 9 Research of the Legislature the written reasons or transcripts 10 in each case in which the court determines not to sentence a 11 defendant as a violent career criminal as provided in this 12 subparagraph. 13 Section 169. Subsection (8) of section 790.22, Florida 14 Statutes, is amended to read: 15 790.22 Use of BB guns, air or gas-operated guns, or 16 electric weapons or devices by minor under 16; limitation; 17 possession of firearms by minor under 18 prohibited; 18 penalties.-- 19 (8) Notwithstanding s. 985.213 or s. 985.215(1), if a 20 minor under 18 years of age is charged with an offense that 21 involves the use or possession of a firearm, as defined in s. 22 790.001, including a violation of subsection (3), or is 23 charged for any offense during the commission of which the 24 minor possessed a firearm, the minor shall be detained in 25 secure detention, unless the state attorney authorizes the 26 release of the minor, and shall be given a hearing within 24 27 hours after being taken into custody. At the hearing, the 28 court may order that the minor continue to be held in secure 29 detention in accordance with the applicable time periods 30 specified in s. 985.215(5), if the court finds that the minor 31 meets the criteria specified in s. 985.215(2), or if the court 156 4:34 PM 04/22/05 s2546p-go00-pg2
Florida Senate - 2005 PROPOSED COMMITTEE SUBSTITUTE Bill No. SB 2546 Barcode 741238 585-2246A-05 1 finds by clear and convincing evidence that the minor is a 2 clear and present danger to himself or herself or the 3 community. The Department of Juvenile Justice shall prepare a 4 form for all minors charged under this subsection that states 5 the period of detention and the relevant demographic 6 information, including, but not limited to, the sex, age, and 7 race of the minor; whether or not the minor was represented by 8 private counsel or a public defender; the current offense; and 9 the minor's complete prior record, including any pending 10 cases. The form shall be provided to the judge to be 11 considered when determining whether the minor should be 12 continued in secure detention under this subsection. An order 13 placing a minor in secure detention because the minor is a 14 clear and present danger to himself or herself or the 15 community must be in writing, must specify the need for 16 detention and the benefits derived by the minor or the 17 community by placing the minor in secure detention, and must 18 include a copy of the form provided by the department. The 19 Department of Juvenile Justice must send the form, including a 20 copy of any order, without client-identifying information, to 21 the Office of Economic and Demographic Research. 22 Section 170. Subsection (3) of section 943.08, Florida 23 Statutes, is repealed. 24 Section 171. Subsection (2) of section 943.125, 25 Florida Statutes, is repealed. 26 Section 172. Subsection (9) of section 943.68, Florida 27 Statutes, is amended to read: 28 943.68 Transportation and protective services.-- 29 (9) The department shall submit reports annually on 30 July 15 and January 15 of each year to the President of the 31 Senate, Speaker of the House of Representatives, Governor, the 157 4:34 PM 04/22/05 s2546p-go00-pg2
Florida Senate - 2005 PROPOSED COMMITTEE SUBSTITUTE Bill No. SB 2546 Barcode 741238 585-2246A-05 1 Legislature, and members of the Cabinet, detailing all 2 transportation and protective services provided under 3 subsections (1), (5), and (6) within the preceding fiscal year 4 6 months. Each report shall include a detailed accounting of 5 the cost of such transportation and protective services, 6 including the names of persons provided such services and the 7 nature of state business performed. 8 Section 173. Paragraph (f) of subsection (3) of 9 section 944.801, Florida Statutes, is amended to read: 10 944.801 Education for state prisoners.-- 11 (3) The responsibilities of the Correctional Education 12 Program shall be to: 13 (f) Report annual activities to the Secretary of 14 Corrections, the Commissioner of Education, the Governor, and 15 the Legislature. 16 Section 174. Subsection (10) of section 945.35, 17 Florida Statutes, is repealed. 18 Section 175. Paragraph (d) of subsection (8) of 19 section 948.10, Florida Statutes, is repealed. 20 Section 176. Subsection (9) of section 958.045, 21 Florida Statutes, is repealed. 22 Section 177. Paragraph (c) of subsection (1) of 23 section 960.045, Florida Statutes, is amended to read: 24 960.045 Department of Legal Affairs; powers and 25 duties.--It shall be the duty of the department to assist 26 persons who are victims of crime. 27 (1) The department shall: 28 (c) Prepare an annual Render, prior to January 1 of 29 each year, to the presiding officers of the Senate and House 30 of Representatives a written report of the activities of the 31 Crime Victims' Services Office, which shall be available on 158 4:34 PM 04/22/05 s2546p-go00-pg2
Florida Senate - 2005 PROPOSED COMMITTEE SUBSTITUTE Bill No. SB 2546 Barcode 741238 585-2246A-05 1 the department's Internet website. 2 Section 178. Paragraph (c) of subsection (8) of 3 section 985.02, Florida Statutes, is repealed. 4 Section 179. Subsections (3), (4), and (5) of section 5 985.08, Florida Statutes, are amended to read: 6 985.08 Information systems.-- 7 (3) In order to assist in the integration of the 8 information to be shared, the sharing of information obtained, 9 the joint planning on diversion and early intervention 10 strategies for juveniles at risk of becoming serious habitual 11 juvenile offenders, and the intervention strategies for 12 serious habitual juvenile offenders, a multiagency task force 13 should be organized and utilized by the law enforcement agency 14 or county in conjunction with the initiation of the 15 information system described in subsections (1) and (2). The 16 multiagency task force shall be composed of representatives of 17 those agencies and persons providing information for the 18 central identification file and the multiagency information 19 sheet. 20 (4) This multiagency task force shall develop a plan 21 for the information system that includes measures which 22 identify and address any disproportionate representation of 23 ethnic or racial minorities in the information systems and 24 shall develop strategies that address the protection of 25 individual constitutional rights. 26 (3)(5) Any law enforcement agency, or county which 27 implements a juvenile offender information system and the 28 multiagency task force which maintain the information system 29 must annually provide any information gathered during the 30 previous year to the delinquency and gang prevention council 31 of the judicial circuit in which the county is located. This 159 4:34 PM 04/22/05 s2546p-go00-pg2
Florida Senate - 2005 PROPOSED COMMITTEE SUBSTITUTE Bill No. SB 2546 Barcode 741238 585-2246A-05 1 information shall include the number, types, and patterns of 2 delinquency tracked by the juvenile offender information 3 system. 4 Section 180. Subsections (2) and (3) of section 5 985.3045, Florida Statutes, are amended to read: 6 985.3045 Prevention service program; monitoring; 7 report; uniform performance measures.-- 8 (2) No later than January 31, 2001, the prevention 9 service program shall submit a report to the Governor, the 10 Speaker of the House, and the President of the Senate 11 concerning the implementation of a statewide multiagency plan 12 to coordinate the efforts of all state-funded programs, 13 grants, appropriations, or activities that are designed to 14 prevent juvenile crime, delinquency, gang membership, or 15 status offense behaviors and all state-funded programs, 16 grants, appropriations, or activities that are designed to 17 prevent a child from becoming a "child in need of services," 18 as defined in chapter 984. The report shall include a 19 proposal for a statewide coordinated multiagency juvenile 20 delinquency prevention policy. In preparing the report, the 21 department shall coordinate with and receive input from each 22 state agency or entity that receives or uses state 23 appropriations to fund programs, grants, appropriations, or 24 activities that are designed to prevent juvenile crime, 25 delinquency, gang membership, status offense, or that are 26 designed to prevent a child from becoming a "child in need of 27 services," as defined in chapter 984. The report shall 28 identify whether legislation will be needed to effect a 29 statewide plan to coordinate the efforts of all state-funded 30 programs, grants, appropriations, or activities that are 31 designed to prevent juvenile crime, delinquency, gang 160 4:34 PM 04/22/05 s2546p-go00-pg2
Florida Senate - 2005 PROPOSED COMMITTEE SUBSTITUTE Bill No. SB 2546 Barcode 741238 585-2246A-05 1 membership, or status offense behaviors and all state-funded 2 programs, grants, appropriations, or activities that are 3 designed to prevent a child from becoming a "child in need of 4 services," as defined in chapter 984. The report shall 5 consider the potential impact of requiring such state-funded 6 efforts to target at least one of the following strategies 7 designed to prevent youth from entering or reentering the 8 juvenile justice system and track the associated outcome data: 9 (a) Encouraging youth to attend school, which may 10 include special assistance and tutoring to address 11 deficiencies in academic performance; outcome data to reveal 12 the number of days youth attended school while participating 13 in the program. 14 (b) Engaging youth in productive and wholesome 15 activities during nonschool hours that build positive 16 character or instill positive values, or that enhance 17 educational experiences; outcome data to reveal the number of 18 youth who are arrested during nonschool hours while 19 participating in the program. 20 (c) Encouraging youth to avoid the use of violence; 21 outcome data to reveal the number of youth who are arrested 22 for crimes involving violence while participating in the 23 program. 24 (d) Assisting youth to acquire skills needed to find 25 meaningful employment, which may include assistance in finding 26 a suitable employer for the youth; outcome data to reveal the 27 number of youth who obtain and maintain employment for at 28 least 180 days. 29 30 The department is encouraged to identify additional strategies 31 which may be relevant to preventing youth from becoming 161 4:34 PM 04/22/05 s2546p-go00-pg2
Florida Senate - 2005 PROPOSED COMMITTEE SUBSTITUTE Bill No. SB 2546 Barcode 741238 585-2246A-05 1 children in need of services and to preventing juvenile crime, 2 delinquency, gang membership and status offense behaviors. 3 The report shall consider the feasibility of developing 4 uniform performance measures and methodology for collecting 5 such outcome data to be utilized by all state-funded programs, 6 grants, appropriations, or activities that are designed to 7 prevent juvenile crime, delinquency, gang membership, or 8 status offense behaviors and all state-funded programs, 9 grants, appropriations, or activities that are designed to 10 prevent a child from becoming a "child in need of services," 11 as defined in chapter 984. The prevention service program is 12 encouraged to identify other issues that may be of critical 13 importance to preventing a child from becoming a child in need 14 of services, as defined in chapter 984, or to preventing 15 juvenile crime, delinquency, gang membership, or status 16 offense behaviors. 17 (2)(3) The department shall expend funds related to 18 the prevention of juvenile delinquency in a manner consistent 19 with the policies expressed in ss. 984.02 and 985.02. The 20 department shall expend said funds in a manner that maximizes 21 public accountability and ensures the documentation of 22 outcomes. 23 (a) All entities that receive or use state moneys to 24 fund juvenile delinquency prevention services through 25 contracts or grants with the department shall design the 26 programs providing such services to further one or more of the 27 strategies specified in paragraphs (2)(a)-(d). 28 (b) The department shall develop an outcome measure 29 for each program strategy specified in paragraphs (2)(a)-(d) 30 that logically relates to the risk factor addressed by the 31 strategy. 162 4:34 PM 04/22/05 s2546p-go00-pg2
Florida Senate - 2005 PROPOSED COMMITTEE SUBSTITUTE Bill No. SB 2546 Barcode 741238 585-2246A-05 1 (c) All entities that receive or use state moneys to 2 fund the juvenile delinquency prevention services through 3 contracts or grants with the department shall, as a condition 4 of receipt of state funds, provide the department with 5 personal demographic information concerning all participants 6 in the service sufficient to allow the department to verify 7 criminal or delinquent history information, school attendance 8 or academic information, employment information, or other 9 requested performance information. 10 Section 181. Section 985.3046, Florida Statutes, is 11 repealed. 12 Section 182. Subsection (5) of section 985.305, 13 Florida Statutes, is repealed. 14 Section 183. Subsection (9) of section 985.309, 15 Florida Statutes, is amended to read: 16 985.309 Boot camp for children.-- 17 (9) If a department-operated boot camp fails to pass 18 the department's quarterly inspection and evaluation, the 19 department must take necessary and sufficient steps to ensure 20 and document program changes to achieve compliance with 21 department rules. If the department-operated boot camp fails 22 to achieve compliance with department rules within 3 months 23 and if there are no documented extenuating circumstances, the 24 department may take must notify the Executive Office of the 25 Governor and the Legislature of the corrective action taken. 26 Appropriate corrective action may include, but is not limited 27 to: 28 (a) Contracting out for the operation of the boot 29 camp; 30 (b) Initiating appropriate disciplinary action against 31 all employees whose conduct or performance is deemed to have 163 4:34 PM 04/22/05 s2546p-go00-pg2
Florida Senate - 2005 PROPOSED COMMITTEE SUBSTITUTE Bill No. SB 2546 Barcode 741238 585-2246A-05 1 materially contributed to the program's failure to meet 2 department rules; 3 (c) Redesigning the program; or 4 (d) Realigning the program. 5 Section 184. Paragraph (a) of subsection (1) of 6 section 985.31, Florida Statutes, is amended to read: 7 985.31 Serious or habitual juvenile offender.-- 8 (1) ASSESSMENT AND TREATMENT SERVICES.--Pursuant to 9 the provisions of this chapter and the establishment of 10 appropriate program guidelines and standards, contractual 11 instruments, which shall include safeguards of all 12 constitutional rights, shall be developed as follows: 13 (a) The department shall provide for: 14 1. The oversight of implementation of assessment and 15 treatment approaches. 16 2. The identification and prequalification of 17 appropriate individuals or not-for-profit organizations, 18 including minority individuals or organizations when possible, 19 to provide assessment and treatment services to serious or 20 habitual delinquent children. 21 3. The monitoring and evaluation of assessment and 22 treatment services for compliance with the provisions of this 23 chapter and all applicable rules and guidelines pursuant 24 thereto. 25 4. The development of an annual report on the 26 performance of assessment and treatment to be presented to the 27 Governor, the Attorney General, the President of the Senate, 28 the Speaker of the House of Representatives, and the Auditor 29 General no later than January 1 of each year. 30 Section 185. Paragraph (a) of subsection (1) of 31 section 985.311, Florida Statutes, is amended to read: 164 4:34 PM 04/22/05 s2546p-go00-pg2
Florida Senate - 2005 PROPOSED COMMITTEE SUBSTITUTE Bill No. SB 2546 Barcode 741238 585-2246A-05 1 985.311 Intensive residential treatment program for 2 offenders less than 13 years of age.-- 3 (1) ASSESSMENT AND TREATMENT SERVICES.--Pursuant to 4 the provisions of this chapter and the establishment of 5 appropriate program guidelines and standards, contractual 6 instruments, which shall include safeguards of all 7 constitutional rights, shall be developed for intensive 8 residential treatment programs for offenders less than 13 9 years of age as follows: 10 (a) The department shall provide for: 11 1. The oversight of implementation of assessment and 12 treatment approaches. 13 2. The identification and prequalification of 14 appropriate individuals or not-for-profit organizations, 15 including minority individuals or organizations when possible, 16 to provide assessment and treatment services to intensive 17 offenders less than 13 years of age. 18 3. The monitoring and evaluation of assessment and 19 treatment services for compliance with the provisions of this 20 chapter and all applicable rules and guidelines pursuant 21 thereto. 22 4. The development of an annual report on the 23 performance of assessment and treatment to be presented to the 24 Governor, the Attorney General, the President of the Senate, 25 the Speaker of the House of Representatives, the Auditor 26 General, and the Office of Program Policy Analysis and 27 Government Accountability no later than January 1 of each 28 year. 29 Section 186. Subsection (1) of section 985.3155, 30 Florida Statutes, is amended to read: 31 985.3155 Multiagency plan for vocational education.-- 165 4:34 PM 04/22/05 s2546p-go00-pg2
Florida Senate - 2005 PROPOSED COMMITTEE SUBSTITUTE Bill No. SB 2546 Barcode 741238 585-2246A-05 1 (1) The Department of Juvenile Justice and the 2 Department of Education shall, in consultation with the 3 statewide Workforce Development Youth Council, school 4 districts, providers, and others, jointly develop a 5 multiagency plan for vocational education that establishes the 6 curriculum, goals, and outcome measures for vocational 7 programs in juvenile commitment facilities. The plan must 8 include: 9 (a) Provisions for maximizing appropriate state and 10 federal funding sources, including funds under the Workforce 11 Investment Act and the Perkins Act; 12 (b) The responsibilities of both departments and all 13 other appropriate entities; and 14 (c) A detailed implementation schedule. 15 16 The plan must be submitted to the Governor, the President of 17 the Senate, and the Speaker of the House of Representatives by 18 May 1, 2001. 19 Section 187. Section 985.403, Florida Statutes, is 20 repealed. 21 Section 188. Subsection (7) of section 985.412, 22 Florida Statutes, is repealed. 23 Section 189. Subsection (4) of section 1003.492, 24 Florida Statutes, is repealed. 25 Section 190. Section 1006.0605, Florida Statutes, is 26 repealed. 27 Section 191. Subsection (8) of section 1011.32, 28 Florida Statutes, is amended to read: 29 1011.32 Community College Facility Enhancement 30 Challenge Grant Program.-- 31 (8) By September 1 of each year, the State Board of 166 4:34 PM 04/22/05 s2546p-go00-pg2
Florida Senate - 2005 PROPOSED COMMITTEE SUBSTITUTE Bill No. SB 2546 Barcode 741238 585-2246A-05 1 Education shall transmit to the Governor and Legislature a 2 list of projects which meet all eligibility requirements to 3 participate in the Community College Facility Enhancement 4 Challenge Grant Program and a budget request which includes 5 the recommended schedule necessary to complete each project. 6 Section 192. Subsection (5) of section 1011.4105, 7 Florida Statutes, is repealed. 8 Section 193. Subsection (13) of section 1013.03, 9 Florida Statutes, is repealed. 10 Section 194. Paragraph (g) of subsection (1) of 11 section 370.12, Florida Statutes, is amended to read: 12 370.12 Marine animals; regulation.-- 13 (1) PROTECTION OF MARINE TURTLES.-- 14 (g) The Department of Environmental Protection may 15 condition the nature, timing, and sequence of construction of 16 permitted activities to provide protection to nesting marine 17 turtles and hatchlings and their habitat pursuant to s. 18 161.053(4) the provisions of s. 161.053(5). When the 19 department is considering a permit for a beach restoration, 20 beach renourishment, or inlet sand transfer project and the 21 applicant has had an active marine turtle nest relocation 22 program or the applicant has agreed to and has the ability to 23 administer a program, the department must not restrict the 24 timing of the project. Where appropriate, the department, in 25 accordance with the applicable rules of the Fish and Wildlife 26 Conservation Commission, shall require as a condition of the 27 permit that the applicant relocate and monitor all turtle 28 nests that would be affected by the beach restoration, beach 29 renourishment, or sand transfer activities. Such relocation 30 and monitoring activities shall be conducted in a manner that 31 ensures successful hatching. This limitation on the 167 4:34 PM 04/22/05 s2546p-go00-pg2
Florida Senate - 2005 PROPOSED COMMITTEE SUBSTITUTE Bill No. SB 2546 Barcode 741238 585-2246A-05 1 department's authority applies only on the Atlantic coast of 2 Florida. 3 Section 195. Paragraph (d) of subsection (2) of 4 section 372.672, Florida Statutes, is amended to read: 5 372.672 Florida Panther Research and Management Trust 6 Fund.-- 7 (2) Money from the fund shall be spent only for the 8 following purposes: 9 (d) To fund and administer education programs 10 authorized in s. 372.674. 11 Section 196. Subsections (1) and (2) of section 12 409.91196, Florida Statutes, are amended to read: 13 409.91196 Supplemental rebate agreements; 14 confidentiality of records and meetings.-- 15 (1) Trade secrets, rebate amount, percent of rebate, 16 manufacturer's pricing, and supplemental rebates which are 17 contained in records of the Agency for Health Care 18 Administration and its agents with respect to supplemental 19 rebate negotiations and which are prepared pursuant to a 20 supplemental rebate agreement under s. 409.912(38)(a)7. s. 21 409.912(40)(a)7. are confidential and exempt from s. 119.07 22 and s. 24(a), Art. I of the State Constitution. 23 (2) Those portions of meetings of the Medicaid 24 Pharmaceutical and Therapeutics Committee at which trade 25 secrets, rebate amount, percent of rebate, manufacturer's 26 pricing, and supplemental rebates are disclosed for discussion 27 or negotiation of a supplemental rebate agreement under s. 28 409.912(38)(a)7. s. 409.912(40)(a)7. are exempt from s. 29 286.011 and s. 24(b), Art. I of the State Constitution. 30 Section 197. Paragraph (d) of subsection (5) of 31 section 411.01, Florida Statutes, as amended by section 2 of 168 4:34 PM 04/22/05 s2546p-go00-pg2
Florida Senate - 2005 PROPOSED COMMITTEE SUBSTITUTE Bill No. SB 2546 Barcode 741238 585-2246A-05 1 chapter 2004-484, Laws of Florida, is amended to read: 2 411.01 School readiness programs; early learning 3 coalitions.-- 4 (5) CREATION OF EARLY LEARNING COALITIONS.-- 5 (d) Implementation.-- 6 1. An early learning coalition may not implement the 7 school readiness program until the coalition is authorized 8 through approval of the coalition's school readiness plan by 9 the Agency for Workforce Innovation. 10 2. Each early learning coalition shall develop a plan 11 for implementing the school readiness program to meet the 12 requirements of this section and the performance standards and 13 outcome measures adopted by the Agency for Workforce 14 Innovation. The plan must demonstrate how the program will 15 ensure that each 3-year-old and 4-year-old child in a publicly 16 funded school readiness program receives scheduled activities 17 and instruction designed to enhance the age-appropriate 18 progress of the children in attaining the performance 19 standards adopted by the Agency for Workforce Innovation under 20 subparagraph (4)(d)8. Before implementing the school readiness 21 program, the early learning coalition must submit the plan to 22 the Agency for Workforce Innovation for approval. The Agency 23 for Workforce Innovation may approve the plan, reject the 24 plan, or approve the plan with conditions. The Agency for 25 Workforce Innovation shall review school readiness plans at 26 least annually. 27 3. If the Agency for Workforce Innovation determines 28 during the annual review of school readiness plans, or through 29 monitoring and performance evaluations conducted under 30 paragraph (4)(l), that an early learning coalition has not 31 substantially implemented its plan, has not substantially met 169 4:34 PM 04/22/05 s2546p-go00-pg2
Florida Senate - 2005 PROPOSED COMMITTEE SUBSTITUTE Bill No. SB 2546 Barcode 741238 585-2246A-05 1 the performance standards and outcome measures adopted by the 2 agency, or has not effectively administered the school 3 readiness program or Voluntary Prekindergarten Education 4 Program, the Agency for Workforce Innovation may dissolve the 5 coalition and temporarily contract with a qualified entity to 6 continue school readiness and prekindergarten services in the 7 coalition's county or multicounty region until the coalition 8 is reestablished through resubmission of a school readiness 9 plan and approval by the agency. 10 4. The Agency for Workforce Innovation shall adopt 11 criteria for the approval of school readiness plans. The 12 criteria must be consistent with the performance standards and 13 outcome measures adopted by the agency and must require each 14 approved plan to include the following minimum standards and 15 provisions: 16 a. A sliding fee scale establishing a copayment for 17 parents based upon their ability to pay, which is the same for 18 all program providers, to be implemented and reflected in each 19 program's budget. 20 b. A choice of settings and locations in licensed, 21 registered, religious-exempt, or school-based programs to be 22 provided to parents. 23 c. Instructional staff who have completed the training 24 course as required in s. 402.305(2)(d)1., as well as staff who 25 have additional training or credentials as required by the 26 Agency for Workforce Innovation. The plan must provide a 27 method for assuring the qualifications of all personnel in all 28 program settings. 29 d. Specific eligibility priorities for children within 30 the early learning coalition's county or multicounty region in 31 accordance with subsection (6). 170 4:34 PM 04/22/05 s2546p-go00-pg2
Florida Senate - 2005 PROPOSED COMMITTEE SUBSTITUTE Bill No. SB 2546 Barcode 741238 585-2246A-05 1 e. Performance standards and outcome measures adopted 2 by the Agency for Workforce Innovation. 3 f. Payment rates adopted by the early learning 4 coalition and approved by the Agency for Workforce Innovation. 5 Payment rates may not have the effect of limiting parental 6 choice or creating standards or levels of services that have 7 not been authorized by the Legislature. 8 g. Systems support services, including a central 9 agency, child care resource and referral, eligibility 10 determinations, training of providers, and parent support and 11 involvement. 12 h. Direct enhancement services to families and 13 children. System support and direct enhancement services shall 14 be in addition to payments for the placement of children in 15 school readiness programs. 16 i. The business organization of the early learning 17 coalition, which must include the coalition's articles of 18 incorporation and bylaws if the coalition is organized as a 19 corporation. If the coalition is not organized as a 20 corporation or other business entity, the plan must include 21 the contract with a fiscal agent. An early learning coalition 22 may contract with other coalitions to achieve efficiency in 23 multicounty services, and these contracts may be part of the 24 coalition's school readiness plan. 25 j. Strategies to meet the needs of unique populations, 26 such as migrant workers. 27 28 As part of the school readiness plan, the early learning 29 coalition may request the Governor to apply for a waiver to 30 allow the coalition to administer the Head Start Program to 31 accomplish the purposes of the school readiness program. If a 171 4:34 PM 04/22/05 s2546p-go00-pg2
Florida Senate - 2005 PROPOSED COMMITTEE SUBSTITUTE Bill No. SB 2546 Barcode 741238 585-2246A-05 1 school readiness plan demonstrates that specific statutory 2 goals can be achieved more effectively by using procedures 3 that require modification of existing rules, policies, or 4 procedures, a request for a waiver to the Agency for Workforce 5 Innovation may be submitted as part of the plan. Upon review, 6 the Agency for Workforce Innovation may grant the proposed 7 modification. 8 5. Persons with an early childhood teaching 9 certificate may provide support and supervision to other staff 10 in the school readiness program. 11 6. An early learning coalition may not implement its 12 school readiness plan until it submits the plan to and 13 receives approval from the Agency for Workforce Innovation. 14 Once the plan is approved, the plan and the services provided 15 under the plan shall be controlled by the early learning 16 coalition. The plan shall be reviewed and revised as 17 necessary, but at least biennially. An early learning 18 coalition may not implement the revisions until the coalition 19 submits the revised plan to and receives approval from the 20 Agency for Workforce Innovation. If the Agency for Workforce 21 Innovation rejects a revised plan, the coalition must continue 22 to operate under its prior approved plan. 23 7. Sections 125.901(2)(a)3., 411.221, and 411.232 do 24 not apply to an early learning coalition with an approved 25 school readiness plan. To facilitate innovative practices and 26 to allow the regional establishment of school readiness 27 programs, an early learning coalition may apply to the 28 Governor and Cabinet for a waiver of, and the Governor and 29 Cabinet may waive, any of the provisions of ss. 411.223, 30 411.232, and 1003.54, if the waiver is necessary for 31 implementation of the coalition's school readiness plan. 172 4:34 PM 04/22/05 s2546p-go00-pg2
Florida Senate - 2005 PROPOSED COMMITTEE SUBSTITUTE Bill No. SB 2546 Barcode 741238 585-2246A-05 1 8. Two or more counties may join for purposes of 2 planning and implementing a school readiness program. 3 9. An early learning coalition may, subject to 4 approval by the Agency for Workforce Innovation as part of the 5 coalition's school readiness plan, receive subsidized child 6 care funds for all children eligible for any federal 7 subsidized child care program. 8 10. An early learning coalition may enter into 9 multiparty contracts with multicounty service providers in 10 order to meet the needs of unique populations such as migrant 11 workers. 12 Section 198. Paragraph (a) of subsection (3) of 13 section 411.232, Florida Statutes, is amended to read: 14 411.232 Children's Early Investment Program.-- 15 (3) ESSENTIAL ELEMENTS.-- 16 (a) Initially, the program shall be directed to 17 geographic areas where at-risk young children and their 18 families are in greatest need because of an unfavorable 19 combination of economic, social, environmental, and health 20 factors, including, without limitation, extensive poverty, 21 high crime rate, great incidence of low birthweight babies, 22 high incidence of alcohol and drug abuse, and high rates of 23 teenage pregnancy. The selection of a geographic site shall 24 also consider the incidence of young children within these 25 at-risk geographic areas who are cocaine babies, children of 26 single mothers who receive temporary cash assistance, children 27 of teenage parents, low birthweight babies, and very young 28 foster children. To receive funding under this section, an 29 agency, board, council, or provider must demonstrate: 30 1. Its capacity to administer and coordinate the 31 programs and services in a comprehensive manner and provide a 173 4:34 PM 04/22/05 s2546p-go00-pg2
Florida Senate - 2005 PROPOSED COMMITTEE SUBSTITUTE Bill No. SB 2546 Barcode 741238 585-2246A-05 1 flexible range of services; 2 2. Its capacity to identify and serve those children 3 least able to access existing programs and case management 4 services; 5 3. Its capacity to administer and coordinate the 6 programs and services in an intensive and continuous manner; 7 4. The proximity of its facilities to young children, 8 parents, and other family members to be served by the program, 9 or its ability to provide offsite services; 10 5. Its ability to use existing federal, state, and 11 local governmental programs and services in implementing the 12 investment program; 13 6. Its ability to coordinate activities and services 14 with existing public and private, state and local agencies and 15 programs such as those responsible for health, education, 16 social support, mental health, child care, respite care, 17 housing, transportation, alcohol and drug abuse treatment and 18 prevention, income assistance, employment training and 19 placement, nutrition, and other relevant services, all the 20 foregoing intended to assist children and families at risk; 21 7. How its plan will involve project participants and 22 community representatives in the planning and operation of the 23 investment program; and 24 8. Its ability to participate in the evaluation 25 component required in this section.; and 26 9. Its consistency with the strategic plan pursuant to 27 s. 411.221. 28 Section 199. Subsection (4) of section 641.386, 29 Florida Statutes, is amended to read: 30 641.386 Agent licensing and appointment required; 31 exceptions.-- 174 4:34 PM 04/22/05 s2546p-go00-pg2
Florida Senate - 2005 PROPOSED COMMITTEE SUBSTITUTE Bill No. SB 2546 Barcode 741238 585-2246A-05 1 (4) All agents and health maintenance organizations 2 shall comply with and be subject to the applicable provisions 3 of ss. 641.309 and 409.912(20) 409.912(21), and all companies 4 and entities appointing agents shall comply with s. 626.451, 5 when marketing for any health maintenance organization 6 licensed pursuant to this part, including those organizations 7 under contract with the Agency for Health Care Administration 8 to provide health care services to Medicaid recipients or any 9 private entity providing health care services to Medicaid 10 recipients pursuant to a prepaid health plan contract with the 11 Agency for Health Care Administration. 12 Section 200. This act shall take effect upon becoming 13 a law. 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 175 4:34 PM 04/22/05 s2546p-go00-pg2
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